SATYA NARAIN JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner-herein has sought a direction for issuance of a writ or any other direction that he should be granted semi permanent status as a Store- Munshi and all arrears of salary for the post of Store-Munshi should be paid to him.

(2.) ADMITTEDLY, the petitioner had been appointed as a Beldar on daily wages and his services were terminated after which a reference was initiated in regard to his termination which was referred to the Labour Court for adjudication of the dispute as to whether his termination was legal or illegal. The petitioner succeeded before the Labour Court and an award was passed in his favour that his termination from the post of Beldar was not in consonance with the provisions of the Industrial Disputes Act, 1947 and hence he was reinstated in service as Beldar. This award was challenged by the respondents before the learned Single Judge of this High Court which was heard by the ten Acting Chief Justice Shri M. G. Mukherjee. His Lordship while upholding the award of the Tribunal for reinstatement also directed for payment of back wages to the petitioner for the post of Beldar, but it was further held therein that in so far as other disputes in regard to the petitioner's claim meaning thereby his claim for absorption on the post of Store Munshi was concerned, he would be at liberty to approach the Conciliation Officer ad in case the conciliation proceedings failed, the matter may be referred for adjudication in accordance with law. Thus, the dispute regarding termination of the petitioner from the post of Beldar although was set at rest, the dispute as to whether the could be absorbed on the post of Store-Munshi was still not settled as it was left open to be adjudicated before the Conciliation officer by initiating a fresh proceeding.