P J KANABAR Vs. P H PATHAK

JUDGEMENT

(1.) Present is an appeal by dissatisfied writ petitioners against the order dated 7.10.1998 passed in Special Civil Application No. 7735 of 1996, wherein, the learned Single Judge has refused to interfere in the matter.

(2.) The chequered history of the matter can be summarised in the following manner. The respondent-workman claimed to have joined the services of the appellant somewhere in the year 1973 and when he was terminated on 8.12.1982, he did not immediately come to the High Court, but awaited some order in his favour.

(3.) Somewhere in the year 1983, he was re-appointed, being aggrieved by the non-regularisation and appointment on daily wages, the workman filed Special Civil Application No. 5163 of 1985. In the said writ application, he challenged the order of termination dated 8.12.1982 and also sought regularisation, submitting inter alia that as his termination was bad and as he is in continuous service, he deserves to be regularised. He prayed for ad-interim writ. On 24.9.1985, this Court issued notices to other side and also granted interim relief in favour of the workman, directing the present appellant-employer not to terminate the services. On 9.12.1985, in the said Special Civil Application No. 5163 of 1985, the interim order was modified, the Court vacated the interim order, but however, directed that till the appointment of regular employee on regular basis, the workman can be continued with the present appellant. It appears that thereafter, the present respondent-workman continued.