ANAND KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner was engaged as Ticket Verifier in Haryana Roadways, Faridabad on daily wages on 20.06.1983. In the year 1988, statutory service Rules were framed which included criteria for appointment of Ticket Verifiers and came into force in the same year. The minimum qualification prescribed for the post of Ticket Verifier became Matriculation. Concededly, the Petitioner was 9th class pass. The rules rendered him ineligible for appointment and consequently to the cherished goal of regularisation of service. All of a sudden, 03.11.1988 the petitioner's services were dispensed with by the management without notice or hearing or compliances of the industrial law.

(2.) Feeling aggrieved, the petitioner approached the Industrial Tribunal by raising a dispute on 19.01.1989 claiming reinstatement with back wages and consequential benefits. Conciliation proceedings failed to achieve a settlement between the disputants. Vide award dated 16.03.1993, Industrial Reference No.25 of 1989 after trial and recording of evidence produced by the parties was answered in favour of the petitioner and he was held entitled to reinstatement with continuity of service and full back wages as Ticket Verifier by declaring the termination illegal and void for noncompliance of the mandatory procedure for retrenchment as commanded in the Industrial Disputes Act, 1947.

(3.) The award was resisted in implementation by the respondent department which brought the petitioner to file CWP No.14107 of 1994 for implementation of the award Annex P-1, which was allowed vide order dated 19.01.1995 and as a result the petitioner was taken back in service on daily wages as a Ticket Verifier on 16.01995.