LAKHAN SINGH Vs. RSRTC

JUDGEMENT

(1.) In writ petition no.156/2004 filed by Lakhan Singh, prayer has been made to quash and set aside the charge sheet served upon the petitioner on 5.1.2004 with all consequential benefits.

(2.) In writ petition no.8398/2006, prayer has been made that the action of the respondents in not granting benefits of first and second selection scale on completion of 9 and 18 years of service be declared illegal and the respondents be directed to grant such benefits with interest @ 18% per annum.

(3.) Shri Vigyan Shah, learned counsel for the petitioner has argued that the petitioner was appointed as Driver in Bharatpur Depot of the respondent-RSRTC after due selection through advertisement issued on 7.3.1986. In January, 1987, petitioner fell ill and therefore could not join the duties from 5.1.187 to 31.1.1987. Petitioner was granted regular pay scale vide order dated 7.1.1987 and was asked to join duties within seven days of the communication of the order. The said order was served on the petitioner on 12.2.1987. He joined the duties on the same day, but he was not allowed to work. His services were terminated on 12.2.1987 on the ground that he failed to join duties within seven days as per the order dated 7.1.1987. A industrial dispute was referred to the Labour Court, Bharatpur at the instance of management on 4.4.1989 on the question whether the termination of services of the petitioner was violative of Section 25F of the Industrial Disputes Act and whether the order dated 7.1.1987 was not communicated to the petitioner till 31.1.1987 and he was not illegally allowed to resume duties on 1.2.1987. Learned Labour Court answered the reference in favour of petitioner holding that order dated 7.1.1987 was never conveyed to the petitioner inasmuch as order terminating services was violative of Section 25F of the Industrial Disputes Act. The Labour Court therefore directed reinstatement of petitioner with continuity and full back wages.