ISHWAR SINGH Vs. R S E B

JUDGEMENT

(1.) The above appeal has been referred to a larger Bench by the Division Bench hearing aforesaid special appeal arising out of the judgment of learned single Judge dated August 10, 1998. The appellant- petitioner has filed Writ Petition No. 1984/1998 challenging the award passed by the Labour Court dated June 11, 1997 at the instance of the appellant- petitioner claiming himself to be an employee of Rajasthan State Electricity Board (for short 'the Board') as then existed. The following disputes were referred to the Labour Court for adjudication: (Vernacular matter omitted.)

(2.) The aforesaid dispute had been raised and referred to the Labour Court, as a result of termination of services of the petitioner by the 2 respondents w.e.f. May 19, 1989 and because of non-regularisation of petitioner's services, to which he has laid claim before termination of his services.

(3.) The petitioner has claimed that he was appointed as an Orderly by the respondents in the first instance on January 7, 1985 by the order of Executive Engineer, Sirohi (respondent No. 2) for a period of three months to discharge duties at residence. This appointment continued uninterruptedly until his services were terminated by order dated May 19, 1989. During this period, quarterly appointment orders were issued from time to time by such officer of the Board at whose residence he was required to discharge his duties. In this connection, after respondent No. 2, has appointed him in the first instance, in 1985 and continued with him. Thereafter, his former appointment was renewed by the order of Assistant Engineer, Sirohi, vide his order dated April 8, 1987 (sic) and that order was also continued from time to time by holder of that office. He was lastly working under R.K. Shah, Assistant Engineer, from May 28, 1988. By order dated May 19, 1989, his services were terminated. Throughout this period he was appointed on consolidated wages of Rs. 240.00 per month in terms of the instruction of the Board dated January 6, 1979.