BIPIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed challenging the award dtd. 23/11/2020 which has been passed by the Presiding Officer, Central Industrial Tribunal-cum-Court, Kendiry Bhawan, 8th Floor Hall No. 1, Sector ? H, Aliganj, Lucknow. Further the writ petition has also challenged the notice/order dtd. 4/2/1998 which was issued by the Joint General Manager, IRCON International Ltd, Anpara, District ? Sonbhadra. The writ petition was finally heard after the parties exchanged their affidavits.

(2.) Briefly stated the facts of the case are that the petitioner was employed by the Indian Railway Construction International Ltd. (hereinafter referred to as the 'Company') initially as a peon on casual basis for a period of six months by the order of the Project Manager Vindhyay Nagar, District ? Sithi (M.P.) on 19/4/1984. This was an employment under the grade "D" category. After the completion of six months of continuous service, the petitioner was re-employed on monthly basis with a consolidated wage of Rs.196.00 plus dearness allowance by an order dtd. 9/5/1985 and, thereafter, he was attached with Anpara Project, District ? Mirzapur, U.P. His attachment there necessitated a training and on the completion of it, he was employed on the scale of pay which was in the grade pay of Rs.196.00237/-. This was done by an order dtd. 29/5/1998 issued by the Regional Manager IRCON - Anpara. In this arrangement, the petitioner continued for a period of four years and was thereafter by an order dtd. 28/4/1989 brought in the regular scale. Thereafter the petitioner was transferred from Vindhya Nagar Project to Rihand Nagar Project, District - Sonbhadra U.P. by an order dtd. 23/12/1993. However, on 4/2/1998 a notice was served upon the petitioner that with effect from 6/2/1998 his services were dispensed with it.

(3.) Aggrieved by the termination/notice dtd. 4/2/1998, the petitioner alongwith 74 other workmen filed a writ petition being Writ Petition No. 6522 of 1998. However, the writ petition was disposed of on 23/1/2002 whereby it was ordered that other than the petitioners no. 31 & 61 the other petitioners who were 73 in number were to be given Rs.3.00 lacs as compensation. The petitioner alongwith the petitioner no. 61 was given an option to file a writ petition afresh. The petitioner instead of filing a writ petition raised an industrial dispute and prayed for his reinstatement with back wages. The conciliation proceedings failed and the matter was referred by the Government of India to the Central Government Tribunal- cum ? Labour Court, Lucknow (hereinafter referred to as the 'Labour Court') and this reference came to be numbered as Reference No. 23 of 2009. When the award was passed by the Labour Court on 23/11/2020, the instant writ petition was filed.