SADASHIV S/O BHAURAO RASHINKAR Vs. EXECUTIVE ENGINEER, PUBLIC WORKS DIVISION, SANGAMNER, TALUKA SANGAMNER, DISTRICT AHMEDNAGAR

JUDGEMENT

(1.) The appeal is filed to challenge the decision of this Court delivered in Writ Petition No.4685/1995. The writ petition was filed by the respondent, Department of the Government to challenge the award delivered by the Labour Court Ahmednagar in Reference (IDA) No.22/1990 dated 26-4-1995. The learned Judge of the Labour Court had given direction to reinstate the appellant with full back wages and continuity in service with effect from 3-5- 1986. This decision is set aside by the learned Single judge of this Court. Both the sides are heard.

(2.) On the basis of the grievance of the appellant, a reference was made by the Deputy Commissioner of Labour Nashik Division under section 10(1) read with 12(5) of the Industrial Disputes act (hereinafter referred to as "the Act") as under :

(3.) It is the case of the appellant that he was engaged in construction activity of the respondent, Department of State Government, and the respondent had employed several thousands of workers on different posts and for that standing orders were issued. It is his case that he was firstly appointed as daily rated Mazdoor in the year 1979 and he worked continuously till 2-5-1986. It is his contention that he is illegally terminated from service with effect from 3-9-1986. It is his contention that persons who were junior to him were retained in employment and during his service, technical breaks were given. It is his contention that he is entitled to be made permanent but without giving notice of retrenchment and without following the procedure he is terminated, retrenched. It is his contention that there are several posts available with the Department and he is entitled to get one such post on permanent basis.