MANI Vs. UNION OF INDIA

JUDGEMENT

(1.) FOR the reason that petitioners 1 to 21 and deceased baby, husband of 22nd petitioner (who at the relevant time were "casual employees of the Railway, conferred with temporary status") participated in the general strike in the Railway establishment from 8-5-1974 to 24-5-1977, their services were terminated by respondents 1 to 3 with effect from 20-5-1974. They however, were reinstated in-service by respondents 1 to 4 with effect from 2-5-1977. They nonetheless were not given backwages or continuity of service. Petitioners 4 to 21 and Baby aforesaid and another filed o. P. 172/1980 seeking relief's by way of backwages and continuity of service. By ext. P1 judgment, this court disposed of the O. P. Relevant portion thereof reads: - "i therefore dismiss the Original Petition recording the concession that the petitioners will be entitled to continuity of service, and without prejudice to the petitioner's right to move other appropriate authorities, in the matter of the claim for backwages".

(2.) THE petitioners thereafter filed C. P. 47/82 before the fifth respondent under S. 33c (2) of THE Industrial Disputes Act claiming the wages for the period from 8-5-1974 to 2-5-1977. A similar petition was filed, c. P. 43/82, by petitioners 4 to 21 and the deceased Baby. THEse petitions were opposed by respondents 1 to 4. THEy contended that there was no termination of service but only a voluntary abandonment of work by the petitioners and hence they were not entitled to claim back wages although continuity of service for the broken period was recognised. THE other contentions raised by the parties are not relevant here.

(3.) THE order of the fifth respondent rejecting an identical case as the one on hand was under challenge before this court as is seen from the judgment in O. P. 65y84. A Division Bench of this court after considering the various aspects of the case held as follows:--