TIMMU REDDY Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) In the present writ petition, the petitioner seeks for a direction to the respondents to consider his representation dated 08.12.2009, in the light of the order passed by the Division Bench of this Court in W.A.No.264 of 2009, dated 23.10.2009, within a time frame.

(2.) When the matter came up on 28.04.2010, notice of motion was ordered. Accordingly, the third respondent is served and represented by counsel.

(3.) It is seen from the records that the petitioner was appointed as Waterman cum Gardener in the third respondent aided private school at Vikramasingapuram known as Papanasam Labour Welfare Association Higher Secondary School. It is the case of the petitioner that his service is illegally terminated and therefore, he raised an industrial dispute and the said dispute came up before the Labour Court, Tirunelveli as I.D.No.12 of 1996. The Labour Court, by its award, dated 20.07.2010 dismissed the I.D and did not grant any relief. In the award, the Labour Court recorded that the petitioner was appointed in the place of waterman cum gardener when he went on medical leave for the period from 05.11.1993, to 02.01.1994 and it was indicated that it was a substitute vacancy as a temporary employee he can be terminated at any time. After the petitioner sent out, he raised a dispute long after the so-called non employment. Therefore, the Labour Court held that as per the Government Rules , before vacancy arise within 90 days then a post can be filled up with reference to the employment exchange. But not long after the petitioner's so called unemployment in the year 1994 and the dispute itself was taken up for hearing in the year 2000. The Labour court specifically found that the petitioner was not appointed regularly and he is not entitled for any relief.