RAM SHIROMANI YADAV Vs. CONCILIATION OFFICER

JUDGEMENT

(1.) Heard learned counsel for the parties. By this petition, the petitioner has challenged the order dated 13.8.2007 passed by the respondent No. 1 (Annexure-6 to the writ petition), whereby the petitioner's application for referring the industrial dispute to the Labour Court has been rejected. A writ of mandamus is also sought for directing the respondent Nos. 2 and 3 to reinstate the petitioner in service as Peon in the institution in question and pay increments & salary for the period of illegal removal from the institution.

(2.) The brief facts leading to the case are that the petitioner was duly appointed as Peon (Paricharak) in the Allahabad Public School Subedarganj, Chaufatka, Allahabad (hereinafter referred to as the Institution') on 23.1.2001 but the respondents were taking work from him from morning 6.00 a.m. to evening 7.00 p.m. everyday and were compelled the petitioner to do 'Jhadu Pochha' work. It is stated that the respondents were paying salary to the petitioner at the rate of Rs. 800/- per month in the year 2002, Rs. 1000/- per month in the year 2003, Rs. 1200/- per month in the year 2004, Rs. 1400/- per month since 2005 and thereafter Rs. 1500/- per month and were not paying salary to the petitioner as per Scheme of minimum wages at all. On 4.3.2006 the respondents have orally terminated the services of the petitioner. Against said oral termination the petitioner filed an application on 12.4.2006 before the respondent No. 1 and prayed for constitution of reconciliation Board with regard to the industrial dispute and for grant of relief of continuity in service and for payment of his increased salary of entire period. Copy of the Memo of C.P. No. 49 of 2006 (Ram Shiromani Yadav v. Principal, Allahabad Public School & College and others) is on record as Annexure-1 to the writ petition.

(3.) It is further stated that the petitioner submitted before the respondent No. 1 various documents which are the basis of his claim on 22.1.2007 and 27.1.2007 from which it is fully proved that the petitioner was duly appointed Peon of the institution and he had worked in the institution continuously since date of his appointment i.e. from 23.1.2001 to 4.3.2006. The respondent Nos. 2 and 3 filed their written statements on 4.1.2007 and denied the claim of the petitioner. Against the written statement of the respondent Nos. 2 and 3 the petitioner/ claimant filed his written statement/ replication on 27.1.2007 and given para wise reply of the same. But without considering the documents and evidence in respect of the petitioner's appointment and working in the Institution as Peon since 23.1.2001 to 4.3.2006 continuously without any break in service the respondent No. 1 rejected the claim petition of the petitioner holding that the petitioner could not prove his employment in the institution. The impugned order was published by the State Government on 13.8.2007. The copy of the impugned order dated 13.8.2007 passed by the opposite party No. 1 is on record as Annexure 6 to this writ petition. It is further stated that the petitioner is filing some documents and photographs which prove that the petitioner had worked in the Institution since 23.1.2001 to 4.3.2006. A true photo-stat copy of the character certificate issued by the respondent No. 2 on 9.10.2001 and 22.1.2004 and some photographs of the petitioner which have been taken during service of the petitioner in the Institution as Peon are on record as Annexure 7 to the writ petition. The petitioner is ready to file several other documents and photo-stat copy of the Attendance Register and Salary Register etc. before this Hon'ble Court which fully prove that the petitioner has worked in the Institution since 23.1.2001 to 4.3.2006 continuously without any break, if this Hon'ble Court requires the same.