ABDUL KALAM ABDUL RASHID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition under articles 226 and 227 of Constitution of India, the petitioner, an ex employee of Maharashtra state Road Transport Corporation has challenged the judgment dated 17/2/2005 passed by Industrial Court Amravati allowing the revision U. L. P. No. 92/2004 filed by respondent no. 2 thereby reversing the order dated 2-9- 2004 passed by the Labour Court Amravati in his favour ordering his reinstatement will full back wages and continuity with effect from 20-11-2003. Respondent No. 2 did terminate services of petitioner by order dated 20-11- 2003 consequent upon the judgment of industrial Court in earlier revision U. L. P. Revision No. 5 of 1993 whereby the learned member of Industrial Court set aside the order dated 24-12-1992 of Labour Court in favour of petitioner. During pendency of the U. L. P. Revision 5 of 1993, petitioner who was reinstated back came to be dismissed once again on 9-10-1999. His departmental appeal against subsequent dismissal came to be allowed on 17-7-2000 whereby he was given fresh employment. The contention of petitioner is that earlier misconducts or Revision No. 5/1993 pending in relation thereto was rendered in fructuous in view of this fresh employment and as such the order of Industrial Court dated 12- 11-2003 allowing said Revision could not have been used to terminate him again on 20-11- 2003 by his employer.

(2.) In view of this, parties argued the matter finally on 26/4/2005 at the admission stage itself and it was closed for judgment.

(3.) I have heard Advocate Shri. Samudra Singh for petitioner, Advocate Shri. S. C. Mehadia for respondent No. 2 employer and learned AGP for respondent No. 1 State government. State government is a formal party in the matter.