A. SUBRAMANIAM Vs. THE LIEUTENANT GOVERNOR AND ORS.

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) The writ petitioner was appointed as Chowkidar on consolidated pay on November 1, 1995 under the Pradhan, Garacharma-II Gram Panchayat (currently Ward No. 18 under the respondent No. 3-Municipal Council). Thereafter, despite the petitioner working continuously from the date of appointment, the Pradhan, Garacharma-II Gram Panchayat terminated the service of the petitioner on January 5, 2001 without following the mandatory provisions of the Industrial Disputes Act, 1947. Being thus aggrieved, the petitioner filed a conciliation proceeding before the Conciliation Officer, which end in failure to compelling the reference of the dispute by the appropriate Government by the Labour Court, giving rise to I.D. Case No. 19 of 2004.

(3.) Upon contested contrary, the Labour Court passed an awarded dated July 30, 2008, holding petitioner's termination illegal and held that the petitioner was entitled to be reinstated into service as Chowkidar, subject to his opportunity against regular vacancy, on usual scale of pay, subject to further benefits of emolument to be fixed from time to time by the Administration. The Labour Court further held that the period of disengagement of the petitioner was to be taken notionally as period of employment for continuing in service without any monetary benefits.