G BALAKRISHNA Vs. ENGINEERS INDIA LIMITED

JUDGEMENT

(1.) As both these special civil application have been filed by one and the same petitioner in his service matter against the respondent-company, the same are being taken up for hearing together and are being disposed of by this common order. Special Civil Application No. 6275 of 1986

(2.) The facts of the case, in brief, are that the petitioner was engaged by the respondent-company, as per his case, as Typist cum Telex/Teleprinter Operator at its office at Baroda on 5th December, 1980 on daily wages. The petitioner in this petition has prayed for direction to the respondents to absorb the petitioner and regularise in the service as Typist cum Telex/Teleprinter Operator. Further prayer has been made for grant of all the consequential benefits and also grant him equal pay. Next prayer has been made for declaration that the petitioner may be treated to be regularly appointed from 5th December, 1980 and direction be given to the respondents to grant him difference of salary and allowances etc., from 5th December, 1980. By way of amendment, it has been stated that on 24th December, 1986, he was told by the company that he would be relieved on 31 st December, 1986, and as such, prayer has been made for maintaining of the status-quo. Special Civil Application No. 85 of 1990

(3.) In this special civil application, prayer has been made by the petitioner for quashing and setting aside the order dated 27th December, 1989 of the disciplinary authority under which he was dismissed from services of the company. This dismissal has been ordered on the proof of misconduct of defrauding the company to the tune of Rs. 12471-60 ps. in a domestic inquiry. The petitioner has made further prayer for consequential relief in this special civil application. The petitioner also prayed for grant of interim relief in the terms : (i) staying implementation and enforcement of the order dated 27.12.1989, annexure 'F'; (ii) directing the respondents-authorities to allow the petitioner to discharge his duties as Typist cum Telex/Teleprinter Operator at Baroda office without any interference and pay the petitioner his salary regularly.