PUNJAB STATE ELECTRICITY BOARD Vs. KRISHNA NAND

JUDGEMENT

(1.) Krishna Nand plaintiff-respondent was appointed a Chowkidar on ad hoc basis on 16.8.1978 for a period of six months. His services were terminated on 29.9.1978 and this termination gave rise to an industrial dispute which was referred for adjudication to the Labour Court. By an award dated 12.12.1979 in Reference No.127 of 1979 he was held entitled to reinstatement with continuity of service and full back wages. He was taken back in service and then made a regular employee of the defendant-Board on 5.2.1982. He claimed seniority from the date of his initial appointment i.e. 16.8.1978. This claim was not accepted by the Board. The plaintiff-respondent then filed a suit out of which the present appeal has arisen for declaration that he was entitled to seniority w.c.f 16.8.1978 and further promotion on that basis and that he was entitled to promotion w.e.f. 20.5.1987 when persons junior to him had been promoted.

(2.) The suit was contested by the defendant-Board and it was pleaded that service rendered by the plaintiff on ad hoc basis could not be counted for determining his seniority. It was further pleaded that the plaintiff passed his Matriculation examination in June, 1981 whereas class-IV employees who joined service of the Board prior to December, 1980 and were matriculates were promoted on 20.5.1987.

(3.) From the pleadings of the parties the trial court framed the following issues: