MEHARSHI DAYANAND SARASWATI UNIVERSITY Vs. GANPAT LAL

JUDGEMENT

(1.) THIS writ petition seeks to challenge award of the Labour Court & Industrial Tribunal, Ajmer, dated 20.08.2002 by which retrenchment of respondent -workman Ganpat Lal was held to be illegal with effect from 05.04.1995 and he was held entitled to reinstatement on payment of fixed salary of Rs. 1100/ - per month, with a direction to give him regular pay scale of the post of Lower Division Clerk on considering his case for regularization after he passes out the typing test and payment of full back -wages from the date of retrenchment till the date of his reinstatement, together with interest at the rate of 8% per annum.

(2.) AT the out -set, learned counsel for the respondent -workman contended that in fact at the same time similarly situated workmen, namely, Raj Kumar Jain, Jitendra Goswami and Anoop Saxena, also approached the Labour Court against their retrenchment and their retrenchment has been set aside by the Labour Court on reference of separate industrial dispute. The learned counsel for the respondent -workman has cited a judgment of a coordinate bench of this court in Writ Petition No. 1804/2003 filed by petitioner University itself assailing the award passed in favour of Jitendra Goswami. The writ petition was dismissed vide order dated 25.01.2006. It was thereafter that the petitioner University approached the Division Bench by filing Special Appeal (Writ) No. 1213/2006. The Division Bench vide order dated 17.01.2007 partly modified the judgment holding that the reinstatement can be on the same terms and conditions as applicable to the employee at the time of removal from service, but he allowed only 50% of the back wages from 05.04.1995 till his reinstatement without any interest. It was further direction that if the law permits him to maintain his claim for salary in the regular scale of pay, it will be open to him to take recourse to such proceeding as may be available in accordance with law subject to just objections by the University.

(3.) HAVING regard to the facts of the case and the judgments, supra, writ petition is disposed of modifying the impugned award in the terms that the respondent -workman shall be entitled to reinstatement on payment of fixed remuneration of RS. 1100/ - per month, which was being paid at the time of retrenchment, with 50% back wages only without any interest. However, it would be open for him to take recourse to such proceeding as may be available to him to claim the regular scale of pay in accordance with law subject to just objections by the petitioner University.