SHIV LAL Vs. U P JAL NIGAM

JUDGEMENT

(1.) The Petitioner was basically appointed on 1st of February, 1985 on the post of Tax Recorder at the pay of Rs. 360/- per month in the U.P. Jal Nigam in the office of Executive Engineer, VII Construction Division, Allahabad. Petitioner's services were arbitrarily terminated on 1st of May, 1986, consequent thereto the Petitioner raised an industrial dispute. The Industrial Tribunal, vide its award, dated 11-3-1988 set aside the order of termination passed against the Petitioner, dated 1-5-1986 and directed that the Petitioner's services should be treated as continuous and Petitioner should be reinstated in service with all back wages.

(2.) Petitioner has filed Writ Petition No. 32193 of 1992 for a writ of mandamus directing the Respondents to regularise the services of the Petitioner on the post of Hindi/English typist and also for a direction to the Respondents to pay the Petitioner's salary with all back wages as is being paid to regular employees of the said post.

(3.) Petitioner's main contention in this petition is that right from the date the Petitioner was appointed as Tax Recorder in the office of the Executive Engineer, VII Construction Division, U.P. Jal Nigam, he has been posted as Hindi/English typist and the Respondents have taken work from the Petitioner regularly of the post of Hindi/English typist in the office of Respondent No. 3. The Petitioner also claimed that he is duly qualified for the appointment on the post of typist-cum-clerk and was competent to be appointed on the said post. In support of his contention, the Petitioner has mainly relied upon a certificate issued by the Executive Engineer on 6th of July, 1992 wherein the Executive Engineer, VII Construction Division, Jal Nigam, Allahabad has certified that the Petitioner is doing the work of Hindi/English typist from 1st of February, 1985. It has also been contended in the writ petition that there are large number of vacancies in the office of the Respondents for the post of the typist-cum-clerk and since the Petitioner has been working right from the date of his appointment as typist-cum-clerk, the Petitioner's services need be regularised on the post of the typist-cum-clerk on which the Petitioner had been working. The Petitioner has also made a grievance that he has been discriminated in the matter of employment as the Petitioner is being paid wages on daily wage basis at the minimum rate right from the date of appointment whereas the Petitioner is entitled to get the payment like a regular employee with back wages and all the increments as have been given to other regular employees but the same is being denied to the Petitioner.