SHAYAM RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal the judgment of the learned Single judge dated 7-11-1996 in W. P. No. 664/1991 allowing the writ petition by State and setting aside the Award dated 11-12-1990 passed by the Labour Court in reference (IDA) No. 68/1997 directing the reinstatement of the appellant in service with continuity of service and payment of half the backwages, is challenged.

(2.) PRIOR to August, 1977, the appellant was working on daily wages with the Forest Department. By order dated 8-8-1977 by respondent No. 2, the appellant was appointed as Forest Guard in pay-scale of Rs. 80-110/- on temporary basis for a period of six months in clear vacancy. The order mentions that the appointment was purely temporary and was liable to be terminated without giving any notice. The services of the appellant were to be terminated within six months or on the day the candidate from the State Selection Board, aurangabad was made available whichever was earlier. Accordingly the appellant joined the service. After the expiry of the said period, the appellant was reappointed from time to time. According to the respondents, the services of the appellant were terminated with effect from 30-11-1980 whereas according to the appellant he handed over charge of his post on 25-12-1980.

(3.) AFTER his termination, the appellant approached the authorities for reappointment. However, he was told that the case of the appellant would be considered after the decision in the case of Shri Wadekar who was also terminated along with the appellant. This state of affairs continued for a number of years. It seems that Shri Wadekar was reinstated under the order of the labour/industrial Court. However, by letter dated 21-4-1986 the appellant was informed that he cannot be reinstated because of physical unfitness. Hence on 22-12-1986 the appellant issued approach notice to the respondents contending therein that he has been removed from service without assigning any reason for termination and that it amounted to retrenchment without following statutory provisions. The appellant requested for his reinstatement in service with effect from 25-12-1980 with full backwages. It seems that the conciliation proceedings before the Assistant Commissioner of Labour, Amravati failed. As no settlement was arrived at between the parties, a reference in respect of the claim of the appellant pertaining to reinstatement into service together with continuity of service and payment of backwages being Reference (IDA) No. 68/1987 was made to the Labour Court, Amravati. Both the parties reiterated their stand before the Labour Court. It seems that the parties also adduced oral and documentary evidence before the Labour Court.