MUNICIPAL COUNCIL Vs. NANDLAL

JUDGEMENT

(1.) THOUGH the matter has been placed for orders on the application (IA No. 4706/2009) moved under Section 5 of the Limitation Act seeking condonation of delay, however, having regard to the circumstances of the case, while ignoring the delay, we have considered the appeal on merits.

(2.) THIS intra -court appeal has been preferred against the order dated 12.09.2008 as passed in CWP No. 320/1996 whereby the learned Single Judge of this Court has directed the appellant to consider the case of the respondent (writ - petitioner) for regularisation on the post of Pump Driver with effect from 01 .08.1988; and if he be found suitable and there be no reason not to regularise with effect from the said date, to pass appropriate order and to give consequential benefits.

(3.) THE learned Single took note of the facts and circumstances and observed that since the writ -petitioner had been working for a long as Pump Driver and was working at least from 01.08.1988, after retirement of Ismile Khan, regularly against the sanctioned post, the appellant ought to have considered his case for regularisation; and asking an employee to work against the particular post in ad hoc manner for a long period was an unfair labour practice that could not be countenanced. The learned Single Judge, accordingly, directed as under: