DEENA NATH Vs. REGIONAL CONCILIATION OFFICER LABOUR DEPARTMENT

JUDGEMENT

(1.) This special appeal is arising out of an order dated 15th February, 2010 passed by a learned single Judge in Civil Misc. Writ Petition No. 29615 of 2009, whereby he dismissed the writ petition filed by the Appellant-writ Petitioner holding that no case for grant of any discretionary relief has been made out.

(2.) Since in the present case, the question of law is involved, the parties have agreed to advance their arguments irrespective of filing their affidavits, even at the admission stage.

(3.) The facts of this case, in brief, are that the Appellant-writ petitioner was appointed as a Helper in the B.R.D. Medical College. Gorakhpur on 21st December, 1985 and he worked as such till 15th July, 1991. His service was orally terminated by the Principal, B.R.D. Medical College, Gorakhpur on 16th July, 1991. After lapse of about 14 years, on 2nd February, 2005, the Appellant-writ petitioner made an application to the Principal for reinstating him in service by saying that the persons junior to him are still working in the College and he had been terminated without assigning any reason. The Appellant-writ petitioner again sent an application on 28th April, 2005 to the Principal for his reinstatement. When the request of the Appellant-writ petitioner was not considered by the Principal, he again made an application on 27th May, 2005. Thereafter the Appellant-writ petitioner again made applications to the Principal for his reinstatement on 10th July, 2007 and 25th August, 2007 saying that since his juniors are continuing in service, he may also be allowed to work.