JAGDISH CHAND Vs. DIRECTOR, DOORDARSHAN KENDRA, JAIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 5-8-1999 whereby the petitioner has been removed as a casual labourer in the employment of Doordarshan Kendra Jaipur (hereinafter 'the respondent'). Oddly compliance with the award dated 18-4-1998, passed by the Judge Industrial Tribunal Central, Jaipur (hereinafter 'the Tribunal'), has also been sought even though admittedly the petitioner to his admission was reinstated thereupon only thereafter removed.

(2.) The facts on record of the petition are that the petitioner was appointed by the respondent as a casual labourer on 24- 11-1987 on daily wages of Rs.13/- per day. He was removed from service from 6-5-1988 by a verbal order. That order was disputed and following failure of reconciliation, a reference under the Industrial Disputes Act, 1947 (hereinafter 'the 1947 Act') followed at the instance of the State Government. The Labour Court found contravention of Sec. 25-G of the 1947 Act and directed the petitioner's reinstatement. The petitioner thereafter was admittedly reinstated on 27-5-1999, following the Labour Court's award dated 18-4-1998. But soon after having joined on 10-6- 1999, effective 1-8-1999 the petitioner was removed again vide order dated 5-8-1999. The stated reason for removal was that the work assigned was no more available. It was however also stated that the petitioner would be informed and given the option to rejoin as a casual labourer in the event of casual work again being available in the office of the respondent.

(3.) The petitioner has in the circumstances challenged the order dated 5-8-1999 by which he was removed and has prayed that the removal aforesaid in effect entails non compliance with the Labour Court's award dated 18-4-1998, which therefore be implemented by issue of a writ of mandamus.