STATE OF CHHATTISGARH Vs. DISTRICT ARYURVEDIC OFFICER

JUDGEMENT

(1.) The challenge in these writ petitions is the award of the Labour Court dated 16.05.2007, passed in Civil Case No.40/I.D.(Ref)/2004. Vide the said award, the Labour Court has granted the relief of reinstatement in service without back wages to the worker involved in the present case.

(2.) Wpl No. 7745/2007 is the writ petition filed by the State Government challenging the said award granting reinstatement. At the same time, WPL No. 2418/2011 is the petition preferred by the worker involved in the dispute assailing the award to the extent of non-granting the back wages.

(3.) The facts relevant for the adjudication of the present dispute is that the worker involved in the instant case namely Maheshwar Kaushik was initially appointed in the year 1990 as a daily wage employee at the office of the District Ayurvedic Officer-cum-Superintendent at Jagdalpur. The petitioner was made to discharge the duties of a Driver. Later on the services of the said worker stood discontinued on 16.02.1994. The said discontinuance of the petitioner was challenged by the worker before the State Administrative Tribunal vide O.A. No. 1294/1994 and the Administrative Tribunal vide its order dated 21.07.1994 disposed off the O.A. directing the respondents to consider the case of the petitioner in the light of the subsequent developments and for which the petitioner had already made an application with the department. Reserving the right of the worker to approach the Tribunal again if he is aggrieved by the decision of the department so far as discontinuance from service is concerned. Though the O.A. was disposed off to take a decision on the pending application of the petitioner for re-engagement as a daily wage worker, the department did not take a decision.