SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for issuance of a writ of Certiorari for quashing the decision of the respondents to pay salary to the petitioner through a service provider despite the petitioner being an employee of the respondent-department. Further prayer is to direct the respondents to grant minimum regular pay scale meant for the post of Patwari along with dearness allowance as well as arrears of salary from the initial date of appointment at the market rate of interest to the petitioner.

(2.) Briefly, the facts claimed by the petitioner are that he claims to be appointed by the respondents as a Canal Patwari on contractual basis in the year 2008. However, on 30/11/2009, his services were terminated by the respondents without giving any notice and without assigning any reasons.

(3.) The petitioner challenged the order of his termination before the Labour Court, Rohtak and the said reference was allowed vide award dtd. 13/11/2014 wherein the petitioner was ordered to be reinstated on his previous post with continuity of service and 50% backwages from the date of demand notice i.e. 18/8/2010. Respondent-department challenged the said award before this Court by filing CWP No. 17009 of 2015. Vide order dtd. 8/11/2016, this Court dismissed the petition and upheld the award passed by Labour Court, Rohtak. The relevant part of the order is extracted hereunder: