JAGDISH SAINI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by petitioner aggrieved by notice/order dated 15.09.2008 by which respondents, while reinstating him in service pursuant to award of Labour Court dated 05.12.2005, simultaneously decided to retrench his services by invoking provisions of Section 25-F, G and H of Industrial Disputes Act, 1947 (for short, 'the Act').

(2.) Contention of learned counsel for petitioner is that petitioner was initially appointed on 01.01.1991 as Class IV employee and thereafter his services were extended from time to time and his appointment was continued till 31.12.1994. Finally his services were terminated on 01.01.1995. It is contended that petitioner was wrongly described as part time employee and that prior to termination of his services compliance of Section 25-F of the Act was not made. Learned Tribunal, by its award dated 05.12.2005, held termination of services of petitioner illegal and further held the petitioner entitled to reinstatement of service with continuity but without any back wages. Respondent no.3 Joint Director (Admn.), Medical and Health Services, Rajasthan, Jaipur, however, by order dated 06.05.2008 directed that petitioner shall be reinstated in service in same status as part time and a sum of Rs.200/- shall be paid to him but simultaneously directed that his services may be terminated again by complying with provisions of Section 25-F, G and H of the Act.

(3.) Learned counsel submitted that neither any seniority list was prepared nor compensation was paid to petitioner in terms of Section 25-F of the Act. Compliance of provisions of Section 25-F, G and H of the Act was not made. This court therefore by interim order dated 12.11.2008 directed respondents to maintain status-quo and this is how petitioner has continued to serve respondents.