KRISHNA KANTA BHUYAN Vs. OIL INDIA LTD

JUDGEMENT

(1.) Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. S.N. Sarma, learned Standing Counsel for Oil India Ltd. Mr. G. Pegu, learned Govt. Advocate appears for the respondent Nos. 5, 6 & 7.

(2.) The petitioner has prayed for a direction to be issued to the respondent Nos. 1 to 4 for payment of back wages w.e.f. 10.05.2005 to 14.07.2010 along with adequate interest, by holding the period from 10.05.2005 to 14.07.2010 as period spent on active duty.

(3.) The petitioner's case in brief is that the petitioner was appointed as a Special Police Officer (SPO) under Section 17 of the Assam Police Act, 1861 by the District Magistrate, Dibrugarh vide order dated 25.02.2004 and was thereafter made to join the Indian Oil Ltd. (OIL). The petitioner thereafter joined OIL and was working for the OIL. However, the petitioner was given a letter dated 09.05.2005 by the OIL, wherein, he was informed that his service was terminated. The petitioner ventilated his grievance before the District Magistrate concerned and the District Magistrate vide order dated 16.09.2006 gave a fresh appointment to the petitioner as SPO. He preferred an appeal against the order dated 16.09.2006 before the Divisional Commissioner, Upper Assam Division, Govt. of Assam. However, no decision was made in the appeal. Suffice to say that subsequent to the above, the petitioner was again reappointed as SPO vide order dated 23.07.2010, issued by the District Magistrate, Dibrugarh. The petitioner thereafter rejoined OIL on 30.07.2010. The petitioner's case is that as his service was illegally terminated by OIL, he should be given his back wages for the period he was not allowed to work, i.e. from 09.05.2005 to 30.07.2010.