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2025 DAILYLAW 18101 (RAJ)

THE RAJASTHAN STATE ROAD TRANSPORT CORPORATION v. ROOJWELT RAKESH HIJKAL SON OF INNOCENT HIJKAL

SAW/561/2021 · 2025-03-25

Inderjeet Singh, Pramil Kumar Mathur

Review Petitionbody2025

Judgment text

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[2025:RJ-JP:13569-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 561/2021 In S.B. Civil Review Petition No.97/2018 In S.B. Civil Writ Petition No.7951/2015 1. The Rajasthan State Road Transport Corporation, Through Its Chairman Cum Managing Director, Parivahan Marg, Chomu House Jaipur. 2. The Chief Production Manager, Rajasthan State Road Transport Corporation, Central Workshop, Ajmer, District Ajmer (Rajasthan) ----Appellants Versus Roojwelt Rakesh Hijkal Son Of Innocent Hijkal, Aged about 61 years, Resident Of House No. 344/1, Mali Mohallan, Krishanganj Ajmer, District Ajmer. ----Respondent For Appellant(s) : Mr. Om Prakash Sheoran For Respondent(s) : HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 25/03/2025 This appeal has been filed by the appellants against the order dated 28.09.2015 passed by the learned Single Judge in S.B. Civil Writ Petition No.7962/2015 as well as order dated 03.03.2021 passed in S.B. Review Petition (Writ) No.84/2014. Learned counsel for the appellants submits that during pendency of this appeal, certain contempt petitions were also filed [2025:RJ-JP:13569-DB] (2 of 4) [SAW-561/2021] by the petitioners before the Principal Seat, at Jodhpur, in which, the Principal Seat at Jodhpur disposed of the S.B. Writ Contempt Petition No.1027/2018 in S.B. Civil Writ Petition No.16013/2017 in the matter of (Dungav Ram Vs. Shri Raj Hans Upadhyay & Ors) vide order dated 10.12.2024 and directions were issued by the learned Single Judge with regard to retiral dues along with interest to the retired employees, whose cases are similar to that of present petitioners-respondents. The operative portion of order dated 10.12.2024 passed by the learned Single Judge at Principal Seat, at Jodhpur in S.B. Writ Contempt Petition No.1027/2018 in S.B. Civil Writ Petition No.16013/2017 reads as under:- 14. Hence, all these petitions are disposed of with following directions:- (i) All the retired employees [who had filed their claims pursuant to order dated 07.05.2024 passed in the case of Dungav Ram (S.B. Writ Contempt No. 1027/2018) or the order passed in the case of Tara Chand Panchal (S.B. Writ Contempt No. 1099/2019)] shall file their objection(s)/claim(s) for determination of their retiral dues and other benefits within a period of two months. (ii) The claims be filed in the office of the Chief Manager of their respective depot (from which depot the concerned employee has retired) in two sets. It will be required of the Chief Manager to give receipt of the claims so filed with seal and date. (iii) The Managing Director of the respondent – Corporation shall within two months from today nominate one retired accountant or higher official (Retd.) at each depot, to adjudicate the claims so filed. (iv) Such nominated retired employee shall work as an ‘Arbitrator’. (v) It will be required of the Chief Manager of each Depot to provide a befitting place where the Arbitrator can have his sitting/ hearing. [2025:RJ-JP:13569-DB] (3 of 4) [SAW-561/2021] (vi) All the claims filed by the employees shall be sent to the Arbitrator, who shall fix the date of hearing as per his convenience under intimation to both the parties. (vii) It will be required of the respondent – Corporation to make entire service record of each of the employees, whichever is necessary for the purpose of determination of claim, available to the Arbitrator. (viii) An honorarium of Rs.500/- shall be paid by each of the employees/claimants to the Arbitrator, while the Corporation shall also pay equal amount to him. (ix) Out of the amount mentioned in clause (viii) above, half of the amount (Rs.250/-) shall be paid by both the parties to the Arbitrator at the time of first hearing. The remaining amount of (Rs.250/- each) shall be paid by the parties immediately before the final award is passed by the Arbitrator. (x) The respondent – Corporation shall also be free to file its objections regarding the claim so lodged by the employees. (xi) The Arbitrator shall take summary proceedings and pass award indicating therein the claim wise details of the amount payable. (xii) With the consent of all the parties, it is hereby ordered that the determination so made by the said Arbitrator shall be final and binding on all the parties. No legal remedy against such order shall be permissible to any party. (xiii) Once the amount is determined by the Arbitrator, it will be required of the respondent – Corporation to pay the same on the basis of the priority as given in the circular dated 03.11.2021 issued by the Corporation. (xiv) Needless to mention that in case of a deceased employee his wife or legal representative shall be free to pursue the claim. 15. Notices of contempt are hereby discharged. 16. All the captioned contempt petitions stand disposed of in terms of the above directions. Considering the submissions made by the learned counsel for the appellants and also considering the order passed by the [2025:RJ-JP:13569-DB] (4 of 4) [SAW-561/2021] learned Single Judge, Principal Seat, at Jodhpur in the matter of Dungav Ram (supra), no case is made out for entertaining this appeal, therefore, this appeal stands dismissed. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Sunita/196