STATE OF PUNJAB AND OTHERS Vs. DARSHAN SINGH

JUDGEMENT

(1.) The respondent/petitioner initially joined the services of the appellants/respondents as Beldar/Chowkidar on 05.01.1983 on workcharge basis, which services were terminated by the respondents on 24.05.1988. He successfully challenged the said termination which was set aside by the Labour Court with direction to reinstate him with full back-wages. Ever since, there is one litigation or the other, flowing as off-shoot of the aforesaid. Under what circumstances, the petitioner had approached this Court by way of present writ petition and nature of relief claimed by him would be better understood, once we scan through the history of these litigations.

(2.) As mentioned above, the petitioner joined as Beldar/Chowkidar on 05.01.1983 on work-charge basis and his services from the said post were terminated on 24.05.1988. The petitioner raised industrial dispute which was referred to the Labour Court, Patiala. It culminated in Award dated 22.01.1993, holding the termination to be illegal and direction was given to reinstate him with full back-wages.

(3.) The petitioner was taken back in the employment by way of reinstatement on 27.08.1996. Thus, for the period from 24.05.1988 (the date of termination) to 27.08.1996 (the date of reinstatement), the petitioner was paid half back-wages. However, while calculating the back-wages, the petitioner was not granted annual increments during the aforesaid period. As per the petitioner, he was entitled to the grant of these increments also as continuity in service was ordered which entitled him to earn increments as well.