GOPAL DAN Vs. RAJASTHAN AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) THESE intra court appeals are directed against order dated 19.7.2000 of learned Single Judge of this court, whereby the writ petition preferred by the appellant -Gopal Dan (referred to as "appellant" hereinafter) seeking directions to the respondent -Rajasthan Agriculture University (referred to as "the respondent -University" hereinafter) to regularise his services on the post of Class IV employee with effect from the date the persons junior to him have been given regular appointment on the said post with consequential benefits, has been allowed in terms that the respondent -University shall give regular appointment to the appellant on the post of Class IV employee with effect from the date on which his juniors were given regular appointment and he shall also be given pay scale as if he is regularly appointed w.e.f. 1.9.2000. However, it is ordered that for all other benefits, his services will be treated as appointed on 1.9.89. The appellant is aggrieved by the order impugned denying of the regular pay scale and the consequential benefits w.e.f. 1.9.89 whereas, the respondent -University is aggrieved by the directions issued for regularisation of services of the appellant on the post of Class IV.

(2.) THE appellant was initially employed by the respondent -University as daily rated employee in the year 1982. However, his services were brought to an end w.e.f. 18.7.90. Aggrieved thereby, the appellant raised an industrial dispute which was referred by the appropriate Government for adjudication to the Labour Court, Bikaner vide notification dated 12.1.93. The reference was answered by the Labour Court in favour of the appellant vide award dated 28.2.96, whereby, the termination of services of the appellant was held to be illegal and he was directed to be reinstated with continuity of service. The appellant was also held entitled for arrears of salary a sum of Rs. 1500/ - in lump sum and full wages for the period from the date of award till the date of reinstatement. The award passed as aforesaid by the Labour Court attained finality.

(3.) THE respondent -University published the seniority list of Class IV employees, however, the appellant's name was not shown in the list. In these circumstances, the appellant made representation to assign him seniority in compliance of award dated 28.2.96 passed by the Labour Court as aforesaid and also requested to provide him regular pay scale admissible to the Class IV employees with effect from the date the persons junior to him were accorded regular pay scale. The appellant was neither assigned the proper seniority in the seniority list nor the regular pay scale rather, vide order dated 9/10.2.98 issued by the Director, Research of the respondent -University, the appellant was directed to be paid fixed wages Rs. 1100/ - per month on completion of five years of service w.e.f. 1.9.94 immediately thereafter, yet another order dated 10.2.98 was issued whereby the payment of wages at the fixed rate of Rs. 1100/ - per month were directed to be paid to the appellant w.e.f. 28.2.96 instead of 1.9.94. Later, vide order dated 13.5.96, the directions were issued that the employees who are being paid fixed wages Rs. 1100/ - per month be given Rs. 1500/ - per month w.e.f. 1.5.96.