AJMER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was engaged as Beldar in the Forest Department in the year 1982. In the year 1989 his services were terminated by verbal order. He raised an industrial dispute and challenged his termination before the Labour Court. The Labour Court vide its award dated 5.6.1995, copy Annexure P/1, allowed the prayer of the petitioner and state side the termination and ordered him to be reinstated forthwith, with full back wages with benefit of continuity of service and other consequential benefits.

(2.) On 11.5.1994, the Government of Haryana issued notification for regularisation of daily wage employees who had completed 5 years of service on 31.3.1993. The petitioner has reproduced the same in paragraph No. 6 of this petition, which is as under:-

(3.) Petitioner cannot be said to have not completed 5 years service on 31.1.1996. The date mentioned in the Government instructions is 31.3.1993 and not 31.1.1996 as contended by the respondents. However, even consider the date of 31.3,1993, the petitioner cannot be said to have not completed five years as he joined services in the year 1982 though when the instruction was issued on 27.5.1993, the petitioner was out of job. The award of the Labour Court gave him relief of continuity of service and he is deemed to be in job on that date and his termination has been wiped out by the award of the Labour Court. This being the position, the petitioner could not have been denied the benefit of the instructions.