RAM LAL GURJAR S/O SHRI KESHAR LAL BY CASTE GURJAR AGED ABOUT 47 YEARS, R/O VILLAGE GAIROLI TEHSIL DEOLI, DISTRICT TONK Vs. THE STATE OF RAJASTHAN THROUGH THE SECRETARY PUBLIC WORKS DEPARTMENT, GOVERNMENT OF RAJASTHAN, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) The petitioner was appointed as Beldar on 1-11-1985, but his service was terminated on 31-7-1987. The termination became the subject matter of an industrial dispute under the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947') and was referred by the State Government under Sec. 10 of the Act of 1947 to the Labour Court for adjudication. The Labour Court vide award dated 24-10-1997 held that the petitioner's termination on 31-7-1987 was neither legal nor proper but in contravention of Sec. 25F of the Act of 1947. He was held entitled to reinstatement with continuity of service as also back wages @ Rs.2000.00 per year during which he suffered the illegal termination. A challenge to the award aforesaid was made before a Single Judge of this court in writ petition No.1829/1998, which came to be dismissed on 27-8-1998. The department then preferred DB Civil Special Appeal No.231/1999, which came to be decided on 23-7-2003 and while sustaining the award dated 24-10-1997 and largely the judgment of the Single Judge dated 27-8-1998 on reinstatement and continuity of service, it was directed on concession of the petitioner's counsel that the petitioner would not be entitled to back wages.

(2.) Resultantly the petitioner was reinstated in service as Beldar vide order dated 23-3-2004 and has been since so working. The petitioner was thereafter declared semi permanent w.e.f. 22-7-2005 vide order dated 26-5-2006 issued by the Assistant Engineer PWD (NH) Sub Division Tonk. Dissatisfied with the date of conferment of semi permanent status and its spillover to potential delays in declaration as a permanent under the Work charged Service Rules, 1964 (hereinafter 'the Rules of 1964') this petition has been filed.

(3.) Mr. D.C. Gupta, counsel for the petitioner submitted that albeit as per concession of counsel for the petitioner before the Division Bench on 23-7-2003 in DB Civil Special Appeal No.231/1999 the petitioner is not entitled to back wages, yet other benefits under the award dated 24-10-1997 passed by the Labour Court as of reinstatement and continuity of service as a result of the termination dated 31-7-1987 being set aside, necessarily accrue to the petitioner for the reason that these aspects of the award attained finality. In the circumstances, the petitioner having been appointed as Beldar on 1- 11-1985 was entitled to semi permanent status on completion of two years i.e. 1-11-1987 and permanent status on completion of ten years i.e. 1-11-1995 in terms of Rule 3(3) of the Work charged Service Rules, 1964. Therefore declaring the petitioner semi permanent from 22-7-2005 following his reinstatement on 23-3-2004 is most arbitrary and illegal. This action is therefore liable to be quashed and set aside and appropriate directions issued. It has been submitted that the petitioner should be directed to be conferred semi permanent status from 1-11-1987 on completion of two years service from the date of his initial appointment on 1-11-1985 and permanent status on completion of ten years service from the said date.