LAWS(P&H)-2002-9-149

BALBIR SINGH Vs. STATE OF HARYANA

Decided On September 13, 2002
BALBIR SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The present petition under Articles 226/227 of the Constitution of India has been filed by the petitioner Balbir Singh for issuance of a writ of certiorari for quashing the order dated July 18, 2000 passed by the Executive Engineer, Jagadhri Provl. Division (B&R) P.W.D. Yamunanagar-respondent No. 2, whereby he has declined to regularise the services of the petitioner. A further prayer has been made for issuance of the writ of mandamus for directing the respondents to regularise his services.

(2.) The petitioner joined the services of P.W.D. B&R Department, Haryana as a Beldar w.e.f. September 4, 1986. His services were terminated on February 1, 1994. He raised an industrial dispute. A reference was made to the Labour Court, Ambala. Vide an award dated September 15, 1999, the learned Labour Court held his termination to be illegal and bad and in violation of the provisions of the Industrial Disputes Act. A copy of the award dated September 15, 1999 has been appended as Annexure P-1 with the petition.

(3.) The case of the petitioner is that the aforesaid award was modified subsequently by this Court when the petitioner filed a CWP No. 9020 of 2000. This Court vide order dated January 11, 2001 modified the relief and allowed full back wages to the petitioner which had been restricted to 50% by the Labour Court. The award of the Labour Court ordering the reinstatement of the petitioner has attained finality.