VETERNARY OFFICER Vs. RAJENDRASINH RANJITSINH JHALA

JUDGEMENT

(1.) The facts necessary for disposal of the present Letters Patent Appeal are that the present respondent was appointed as a daily wager to work for 2 hours everyday with effect from 25.07.1986, thereafter, he was offered work for 4 hours a day from January 1987 to May 1988, and 6 hours a day from June 1988 to 18th June 1989. Appointment orders state that the respondent was appointed on a vacant post, but will be removed from service after a person regularly appointed is made available to the appellant. After a peon was regularly employed after the selection with effect from 19.06.1990, the respondent's services were terminated. Being aggrieved by the order of termination and treating the same to be illegal retrenchment the workman opted for a reference, the same was registered as Reference No.661 of 1991 in the Labour Court, Rajkot. By order/ award dated 01.06.1994 the Labour Court directed the employer to reinstate the respondent in service with continuity and make payment of the salary paid to the regularly appointed employee. However, the backwages for the period from the date of termination till the date of award were not allowed in favour of the workman. Being aggrieved by the direction of reinstatement, the appellant filed Special Civil Application No.502 of 1995 while against the non-award of the backwages the workman filed Special Civil Application No.10253 of 1995.

(2.) It is to be noted that after the award was made by the Labour Court the workman was reinstated and after giving him due opportunity of hearing and observing the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), he was again removed from the services with effect from 22.11.1995. It is to be noted that Special Civil application No.10253 of 1995 was filed by the workman on 04.12.1995. But later on by incorporating certain amendments in his writ application the workman challenged the order of termination dated 22.11.1995. In the petition he also submitted to the Court that the workman-petitioner was entitled to the benefits of Government Resolution dated 17.10.1988 and the High Court be pleased direct the respondent-Panchayat to give the pay scale to the workman as prescribed in the said Govt. Resolution with 18% interest to the petitioner. Both the matters were heard together. The learned Single Judge by his decision dated 21.03.1997 dismissed the writ application filed by the Panchayat, allowed the writ application filed by the workman, granted full backwages and set aside the order dated 22.11.1995 and directed reinstatement of the workman with full backwages from the date of his second termination.

(3.) Being aggrieved by the said judgement of the learned Single Judge, the Panchayat is before this Court.