LAWS(HPH)-2001-11-40

NAR DASS Vs. AGRO IND.PACKAGING INDIA LTD.

Decided On November 15, 2001
NAR DASS Appellant
V/S
AGRO IND.PACKAGING INDIA LTD. Respondents

JUDGEMENT

(1.) The applicant in the present original application is aggrieved by the impugned order dated August 10, 2000 (Annexure -A/1) issued by the respondents whereby they have terminated the services of the applicant arbitrarly and illegally and has, therefore, filed the present original application mainly praying for the following reliefs: (i) Quashing impugned order Annexure -A/1 issued arbitrarily, malafide, and illegally by the respondents; (ii) Directing the respondent department to engage the applicant w.e.f. the date of illegal termination with all wages consequential benefits and arrears of back wages a/w interest @ 18% per annum; (iii) Directing the respondents department to issue regularization letter to the applicant regularizing the applicant from the date prior to when his juniors were regularized.

(2.) The facts are that the applicant joined service with the respondent department as a daily wager Security Guard w.e.f. September 7, 1990. Even since the applicant has been discharging his duties to the satisfaction of his superiors. The applicant has put in eleven years of service in the respondents department till the date of filing of the present original Application.

(3.) He further states that his services were earlier also terminated arbitrarily and illegally by the respondents department and thereafter the applicant had to obtain the orders from the Honble High Court of Himachal Pradesh and this Tribunal for re -engagement.