EXECUTIVE ENGINEER REHABILITATION DIVISION Vs. RAMCHANDRA BABAN JADHAV

JUDGEMENT

(1.) This appeal arises from the judgment delivered by learned single Judge on 1-8-2002 in Writ Petition No.3098 of 1986.

(2.) The respondent (No.1) herein was appointed as Peon on temporary basis in the Rehabilitation Department of the Pune Zilla Parishad at Pune under the order dated 10-3-1981, issued by the Executive Engineer of the said Department. The order of appointment discloses that the same shall be for a period of six months. The services of the respondent came to be terminated with effect from 31-5-1982 under the letter dated 15-5-1982. A reference came to be made being Reference No.148/83 to the Labour Court at Pune consequent to the termination of services of the respondent. The contention of the respondent was that his services were terminated without assigning any reason and without holding any inquiry and, therefore, the same was illegal and he was entitled for reinstatement in the services with continuity of services along with back wages till his reinstatement. The proceedings were opposed by the appellant on the ground that the respondent was appointed as Peon purely on temporary basis, without any selection by any State Selection Board, and he was a project affected person and, therefore, the respondent could not make any grievance regarding the termination of his services and he was not entitled for any relief. The Labour Court, however, directed the reinstatement of the respondent as Peon with continuity of services and payment of back wages at the rate of Rs.300/- per month from 1-6-1982 till the date of reinstatement. Being aggrieved, the matter was challenged by the appellant before the learned single Judge. The learned single Judge while dismissing the petition directed the appellant to reinstate the respondent within four weeks from the date of the impugned order and further to pay back wages at the rate of Rs.300/- per month, as awarded by the Labour Court for the period from 1-6-1982 to 5-12-1985 and thereafter to pay full regular wages till the date of his reinstatement and in addition, to pay cost of Rs.15,000/-.

(3.) At this stage, it is also necessary to note that the appellant has already employed the respondent with effect from 25-10-2002 and the respondent continues to be in service of the appellant.