[2025:RJ-JP:31055] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9184/2018 1. Commissioner Jaipur Development Authority, Jaipur, Rajasthan. 2. Secretary, Jaipur Development Authority, Jaipur, Rajasthan. ----Petitioners Versus Ramavtar Sharma S/o Shri Narsingh Sharma Through Shri M.f. Beg, Thakur Boraj Ka Rasta, Ajmeri Gate, Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Yuvraj Samant For Respondent(s) : Mr. Saransh Saini with Mr. Vinod Kumar Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 11/08/2025 On 13.05.2025, this Court passed the following order:- “This writ petition under Article 227 of the Constitution of India is directed against the award dated 26.09.2017 passed by the learned Labour Court-I, Jaipur (for brevity, ‘learned Tribunal’) in LCR No.23/2007 whereby, while answering the reference in favour of the respondent/workman (for brevity, ‘workman’), a direction has been issued to the petitioners/employer to reinstate him back in service with its continuity and 50% back wages and emoluments. A perusal of the findings recorded by the learned Labour Court vide award reveals that the same are based on appreciation of the evidence led by the respective parties. [2025:RJ-JP:31055] (2 of 3) [CW-9184/2018] Contention of the learned counsel for the petitioners that the workman did not produce any appointment order on record to demonstrate that his services were engaged on 01.06.1991, is misconceived and does not merit acceptance inasmuch as their witness- Shri Anand Kumar, the Executive Officer, has categorically admitted during his cross-examination that he was engaged on 01.06.1991 on muster roll. Learned Tribunal has further observed, on the strength of experience certificates submitted by the workman as Ex. W2, W3, W4 issued by the officials of the petitioners authority, that he has rendered his services with effect from 01.06.1991. The second submission of the learned counsel for the petitioners is that services of the respondent were hired through a contractor; but, learned Tribunal had held that they have miserably failed to substantiate this submission rather, their witness- Shri Anand Kumar has admitted during his cross- examination that no such document was submitted to demonstrate that respondent’s services were hired through a contractor. Further, findings of the learned Tribunal reveal a very disturbing feature. In reply to the application filed by the workman to produce relevant muster rolls and the register, its Executive Officer-Shri Anand Kumar has specifically stated on oath that the muster rolls could not be produced from the year 1992-1997 on account of their unavailability whereas, during his cross-examination, he has stated that he has seen the muster rolls for the years 1993, 1994, 1995, 1996 and 1997. Prima facie, it appears to be a case of grave offence of perjury. Even after arguing at length, learned counsel for the petitioners is not able to satisfy this Court that [2025:RJ-JP:31055] (3 of 3) [CW-9184/2018] findings of the learned Tribunal vide award impugned dated 26.09.2017 suffer from any such perversity or patent illegality so as to warrant interference of this Court under its supervisory jurisdiction vide Article 227 of the Constitution of India. He, however, prays for and is granted a week’s time to complete his instructions. List the matter on 20.05.2025 at top of the list as prayed.” On 20.05.2025, this Court passed the following order:- “Learned counsel for the petitioners prays for and is granted four weeks’ further time to complete his instructions in terms of the order dated 13.05.2025. List the matter on 08.07.2025 as prayed.” Today, learned counsel for the petitioner submits that he could obtain no instructions despite his best efforts and lapse of almost three months and has nothing to add on merits of the case. In view of the aforesaid, taking into consideration the order of this Court dated 13.05.2025, this writ petition is dismissed. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/59