DEPUTY DIRECTOR Vs. LAXMAN JANARDHAN CHANDRATIKE

JUDGEMENT

(1.) This writ petition is filed challenging the judgment and award dated 12.06.1997 in reference IDA No. 98/1988 passed by the learned Labour Court, Aurangabad and judgment and order dated 28th of December, 2005 in complaint ULP No. 295 of 1999 by the Member, Industrial Court, Aurangabad. Background facts of the case are as under :It is the case of the petitioner herein that the respondent No. 2 was engaged as a laborer in the establishment of the petitioner. He worked under different schemes as and when such schemes were available. Social Forest Department is established with intention to increase number of trees and maintain the environment. The activities undertaken by the department are for temporary period and on seasonal basis under various schemes, to implement schemes, delinquent laborers are required for limited period. There are no sanctioned posts under the said scheme. It is further case of the petitioner that the respondent put forth imaginary claim of termination and thereby raised dispute.

(2.) Matter was referred to Labour Court, Aurangabad vide reference IDA No. 98/1988. The Labour Court, allowed reference and passed award directing the petitioner herein to reinstate the respondent in service with continuity of service within one month from the date of publication of the award however Labour Court did not order back wages.

(3.) The petitioner aggrieved by the judgment and award of the Labour Court filed writ petition on 22nd of October, 2001 before this Court. Pending writ petition, the respondent filed complaint ULP No. 295/1999 before the Member, Industrial Court, at Aurangabad. In the said complaint, the petitioner herein appeared and filed reply. The Industrial Court by judgment and order dated 28.02.2005 allowed the complaint and present petitioner was directed to implement the award within two months.