JAI BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant, working as a Pump Operator in PWD Department, Jind, was appointed as such on 1.9.1987. He claimed to have continuously worked upto 3.1.1989, when he was suddenly terminated through a verbal order. He accordingly filed a suit, praying for grant of decree for declaration to the effect that he had acquired the status of a regular employee and, thus, the termination order was illegal and unconstitutional and so also in violation of the provisions of the Industrial Dispute Act. THE appellant had also prayed for reinstatement with continuity of service and arrears of back wages.

(2.) THE respondents contested the suit, pleading that wrong and misleading facts were given in the plaint. As per the reply, the appellant was appointed as Operator Chowkidar on 1.9.1987 and served as such till 31.12.1988. Since there was no work thereafter, the appellant was not given duties. He was employed as daily wager. THE respondents accordingly justified the action and prayed that the suit be dismissed. Following issues were framed on the basis of pleadings made in the plaint, written statement and replication:

(3.) THE plea raised on behalf of the respondents that the Supreme Court has stayed the operation of the judgment in the case of Piara Singh (supra) in an SLP filed by the State, was ignored on the ground that there was no stay, when the impugned order was passed by the respondents.