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2026 DAILYLAW 17215 (RAJ)

THE JAIGARH PUBLICE CHARITABLE v. THE PRESCRIBED AUTHORITY APPOI

CW/9522/2007 · 2026-01-09

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:711] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9522/2007 The Jaigarh Public Charitable Trust, Amer Forte, Jaigarh, Amer, Jaipur through Manager (Administration) Shri Ashwani Kumar Singh S/o Late Shri Vansh Pradeep Singh. ----Petitioner Versus 1. The Prescribed Authority appointed under the Rajasthan Shops and Commercial Establishments Act, 1958, Jaipur City, Jaipur, Opposite NBC, Shanti Nagar, Hasanpura, Jaipur. 2. Mata Ram S/o Shri Bhadu Singh, C/o House of Shankar Lal Saini, Beldari Ki Dhani, Kunda, Amer, District Jaipur. ----Non-petitioners For Petitioner(s) : Mr. Rupin K Kala For Respondent(s) : Mr. Dharmendra Jain HON'BLE MR. JUSTICE ANAND SHARMA Order 09/01/2026 1. The matter was referred to mediation vide order dated 18.08.2025, however, it is jointly submitted by learned counsel for the parties that on account of some confusion, no compromise has taken place during mediation process. 2. However, learned counsel for the petitioner fairly submits that the petitioner is ready to make payment of due salary to the respondent-workman for the period with effect from 01.04.2006 to 31.01.2008 in the tune of Rs.1,37,674 and so far as the amount of gratuity is concerned, while computing the due gratuity of 18 years, amount of Rs.70,686 is admissible to the petitioner as per law, for which the petitioner is ready to pay, in [2026:RJ-JP:711] (2 of 2) [CW-9522/2007] addition thereto Rs.58,985 shall also be payable to the petitioner for encashment of PL of 260 days. Thus, total due amount of the respondent-workman is Rs.2,67,345. 3. Learned counsel for the respondent-workman although agreed that the respondent-workman is ready to accept the aforesaid amount, yet liberty may be granted to respondent- workman to make any other claim, in case, admissible in law. 4. In view of above consensus between the parties, this petition is disposed of with the direction that the petitioner shall make payment of aforesaid due amount of Rs.2,67,345 to respondent-workman within a period of 30 days from today and thereupon no dues with regard to salary, gratuity and PL encashment of the respondent-workman, shall be pursued by him in future. 5. In view of above agreement between the parties, order dated 21.08.2007 passed by the prescribed authority appointed under the Rajasthan Shops and Commercial Establishments Act, 1958 is hereby quashed and set aside. 6. In respect of any other due, the respondent workman shall be at liberty to pursue his other claims except what has been agreed by him in the instant order. (ANAND SHARMA),J DIVYA /3