PRESIDENT MAHA SABHA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS order will dispose of CWP No.2816 of 2013 and CWP 2818 of 2013 as similar facts and law points are involved in both these cases. For convenience, the facts are culled out from CWP No.2816 of 2013.

(2.) IN this petition filed under Articles 226/227 of the Constitution of India, the award dated 18.4.2011 (P-1) passed by the Labour Court, Panipat, in reference No.238 of 2002 has been called in question.

(3.) THE further necessary facts for adjudication of this matter as pleaded by the workman are that he was appointed on 14.7.1999 by the petitioner-management in the pay scale of 750-940/- and he worked upto 10.2.2001. The case of the petitioner-management is that the workman was appointed as Chowkidar on temporary/ad-hoc basis on 28.1.2000. Thereafter, a selection committee was constituted to make recommendation for regular appointment to the post of Chowkidar. The name of Ramphal was recommended for regular appointment. Appointment order dated 29.5.2000 followed. The workman joined services as Chowkidar on 1.6.2000. A copy of the appointment letter dated 29.5.2000 has been placed on record as Annexure P-2. Condition No.2 of the appointment letter is worded thus: