MAN SINGH PUNIYA Vs. DIRECTOR LOCAL SELF DEPARTMENT

JUDGEMENT

(1.) Challenge in the instant intra court appeal is to the order dated 15th May, 1996, whereby the learned Single Judge dismissed the writ petition of the appellant-petitioner. The intra-court appeal is said to have been filed after 9 years, 11 months and 14 days of the expiry of period of limitation, hence, an application under Section 5 of the Indian Limitation Act has also been filed together with the appeal, imploring to condone the aforesaid delay.

(2.) Heard the learned counsel for the appellant-petitioner and carefully perused the relevant material on record.

(3.) Shorn of unnecessary details, the facts giving rise to this appeal, succinctly stated are that the appellant-petitioner Man Singh Puniya was having a Diploma in Civil Engineering and qualified for having been appointed on the post of Overseer. It is stated that the appellant was appointed as Overseer in the service of the Municipal Board, Nohar in the District of Sri Ganganagar on daily wages of Rs. 20/- per day. The appellant worked continuously on the said post of Overseer with effect from 20th June, 1983 to 31st December, 1985, but he was suddenly removed from the service by the respondent Executive Officer, Municipal Board, Nohar sans assigning any reason. The respondent no.3 issued Experience Certificate Ex. - 1 also to the appellant, wherein it was tangibly recorded that he had worked with effect from 20th June, 1983 to 31st December, 1985 on daily wages and his work was found to be satisfactory. The appellant took his dispute to the Labour Officer-cum-Conciliation Officer, Nohar, where the administrator of Municipal Board, Nohar having filed the reply conceded to appoint him again as and when the post of Overseer would fall vacant, but respondent no.3 despite there being a conciliation between them did not stick to his words. Ultimately, the appellant-petitioner filed a writ petition in the High Court, which stood dismissed on 15th May, 1996.