TMI Blog2005 (10) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the questions for consideration is whether a Civil Court have jurisdiction or whether the termination of service of a probationer was required to be challenged by raising a dispute under the Industrial Disputes Act. This question is now squarely covered by the decisions of this Court in Rajasthan State Road Transport Corporation v. Krishna Kant 1995 (71) FLR 211 (SC), well as in Rajasthan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while granting leave (in S.L.P. (C) No. 194 of 1991) ordered on 29 January, 1991 that in so far as respondent is concerned, he (appellants' Counsel) states that he will abide by the decree. Application for stay is rejected. Therefore, there is no question of setting aside the decree concerned in this appeal. However, so far as the other appeals are concerned, the position is slightly differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be said that the respondents had not acted bona fide in instituting, the suits. Appeals disposed of accordingly. 3. It is submitted that all the suits in these matters were filed at a time when the position of law was not clear, It is submitted that therefore even in these cases the Court should not interfere with the decrees but may direct that there shall be no payment of back-wages. 4. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rection to reinstate or to continue reinstatement. However, on the facts of these cases we also direct that if any back-wages have been paid, they shall not be recovered but clarify that the respondents will not be entitled to any further emoluments or service benefits. 6. The appeals stand disposed of accordingly. There will be no order as to costs. 7. Before we part, we clarify that in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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