GOPAL PRASAD Vs. MANAGING DIRECTOR, RSRTC, PARIVAHAN MARG

JUDGEMENT

(1.) The petitioner is a Conductor who has been knocking the doors of justice for years together and inspite of directions having been issued in his favour from time to time directing the respondents to pass necessary orders and grant him relief, has again approached this Court by way of the present writ petition for claiming his retiral benefits. Before coming to the controversy of the present case, facts relating to earlier litigation deserve to be noted.

(2.) The petitioner who was holding the post of Conductor was removed from service by the Divisional Manager, Ajmer vide his order dated 19.4.1991 and an application was moved under Sec. 33(2)(B) seeking approval before the Industrial Tribunal under the Industrial Disputes Act, 1947 (for short' the Act of 1947'). The Tribunal vide its order dated 19.08.1998 rejected the application for approval. Against the said order, the Corporation filed a writ petition No.1177/1999 before this Court wherein by an interim order dated 28.3.2005 the Court directed the respondents to release the amount of salary of the petitioner for the period from 19.04.1991 upto 05.08.2003 i.e. upto the day when he attained superannuation, within the period of 30 days. Against the said interim order, the Corporation filed D.B.Civil Special Appeal No.418/2005 wherein the Division Bench passed an interim order on 09.05.2005 directing the Corporation to pay wages to the workman as per last drawn for the intervening period.

(3.) The writ petition preferred by the Corporation was dismissed on 28.02.2008 against which D.B.Special Appeal No.845/2008 was preferred which came to be dismissed on 31.07.2008. SLP No.681/2009 was preferred by the Corporation before the Supreme Court which too was dismissed on 201.2009.