BIHARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer of the petitioner in this Civil Writ Petition filed under Articles 226/227 of the Constitution of India is for issuance of a issuance of a writ in the nature of Certiorari for quashing the letters dated 19.9.2006 (Annexure P-10) and dated 30.11.2006 (Annexure P11) vide which the pension case of the petitioner was returned, as being wholly arbitrary, unwarranted, patently unlawful, contrary to the executive instructions and the law on the point.

(2.) The averments of the petitioner are epitomized as under:

(3.) The petitioner joined service under the respondents initially as a Cleaner on 1.11.1973. He had been subsequently appointed as Work Charge Truck Driver against a regular and permanent post in the regular pay scale of Rs.110-250 vide order dated 31.5.1974 (Annexure P-1). He had been serving the respondents with complete dedication and devotion. His services had been brought to an end abruptly with effect from 7.4.1980 which gave rise to an industrial dispute under the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The Labour Court held the termination of the services of the petitioner as unlawful, illegal and reinstatement of his services was ordered with continuity of service but without back wages vide award dated 14.12.1994 (Annexure P-2). In compliance with the aforesaid award, he had submitted his joining report to the respondents on 24.4.1995. He was taken back on duty on 20.11.1995. Earlier, they had been adopting dilatory tactics on the plea that they will challenge the award of the Labour Court. The respondents were duty bound to release his salary from the date of submission of joining report till the assignment of duty but they had not released the same. Faced with this situation, he approached the Labour Court, Patiala under Section 33C(2) of the Act claiming wages for the period from 25.4.1995 to 19.11.1995. The Labour Court held vide order, Annexure P-3, that he was entitled to the wages for the said period along with interest thereon. He had been serving the respondents regularly interruptedly and without any break continuously till he attained the age of superannuation on 31.7.1997. He was entitled to the re-fixation of his salary in the revised scale of pay because the Labour Court had granted him continuity of service by virtue of award, Annexure P-2. Meaning thereby that he was deemed to have continued in service as if the alleged termination order had not been passed, the same having been declared unlawful and illegal. The respondent No.3, in the light of award passed by the Labour Court and the instructions of the Government, passed order dated 29.5.2001 by virtue of which his pay had been re-fixed with effect from 1.1.1978, 1.1.1986 and 1.1.1996. The respondent No.3, however, observed that he having not been brought on regular cadre by the Punjab Government, no pensionary benefits were admissible to him, being a work charge employee. He got issued a legal notice for the release of retiral benefits. He filed Civil Writ Petition No.8960 of 2002, for the release of pensionary/retiral benefits but the same was dismissed as withdrawn. He again filed Civil Writ Petition No.3914 of 2003. The respondents, in the written statement, alleged that the case for regularization of his services had been rejected vide order dated 28.5.1998. In the light of aforesaid plea, the Civil Writ Petition was dismissed as withdrawn with liberty to file a fresh writ petition raising a challenge to the aforesaid order. He again filed Civil Writ Petition No.7685 of 2005 challenging the said order. The said Civil Writ Petition was disposed off at the motion stage on 17.5.2005 (Annexure P-6) and the respondent No.2 was directed to take a final decision on his claim for regularization of his services. Since the said order was not implemented, he filed COCP No.954 of 2005. The respondent No.2 produced order dated 1.12.2005 passed by the Superintending Engineer, Construction Circle,PWD, B&R, Sangrur by which his services had been regularized with effect from 1.12.1994 in the pay scale of Rs.950-1800 and the Contempt Petition was accordingly disposed of.