BHARAT HEAVY ELECTRICALS LIMITED AND ANOTHER Vs. RISHIPAL

JUDGEMENT

(1.) The application, to condone the delay in preferring this review application, is not opposed, and the delay is therefore condoned. Delay Condonation application stands allowed.

(2.) This application is filed seeking review of the order of the Division Bench in Special Appeal No. 373 of 2013 dated 11.09.2018. The petitioner, who was hitherto working as a Gardner on daily wages in the review-applicant Corporation, was terminated from service. On his raising an Industrial dispute, the Labour Court set-aside the order of termination vide award dated 10.04.2003, and directed that he be reinstated into service, but without back-wages. Aggrieved by the award of the Labour Court, directing reinstatement of the respondent-writ petitioner, the review-applicant herein filed WPMS No. 882 of 2003 questioning the award of the Labour Court. To the extent he was denied back-wages, the petitioner filed WPMS No. 43 of 2004. Both these writ petitions were dismissed by common judgment dated 19.02.2008 and, as a result, the award of Labour Court continued to remain in force and, since no appeal was preferred against the order passed in both the writ petitions, the award of the Labour Court has also attained finality.

(3.) The aforesaid award required the reviewapplicants herein to reinstate the respondent-writ petitioner into service, and to put him back in the very same position he was in prior to the date on which he was terminated from service earlier. The fact that the respondent-writ petitioner, prior to his earlier termination, was given the Temporary Leave Arrangement code is not in dispute. Since he was denied extension of the said code, on the ground that casual labourers working in the B.H.E.L. as at present were not extended the benefit of such a code, he invoked the jurisdiction of this Court.