SONU BHATIA Vs. U O I

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order impugned dated 13. 5. 2005 (Annexure- 6) and further prayed that the respondents may be directed to treat the petitioner's husband late Ravi Kumar Bhatia as regular Central Government employee w. e. f. 1. 10. 1991 and pay her all the terminal/pensionary benefits along with interest and other dues.

(2.) THE petitioner's husband Late Ravi Kumar Bhatia was initially appointed as Tea Maker in the pay scale of Rs. 160-375 in the Canteen run by the respondents at Bikaner on 1. 12. 1983. THE services of the petitioner's husband were terminated and thereafter, the petitioner's husband raised an industrial dispute and the Judge, Labour Court Bikaner decided the reference made by the appropriate Government in favour of the petitioner's husband vide award dated 3. 8. 1991 whereby the termination of the services of the petitioner's husband w. e. f. 15. 9. 1984 was set aside. Accordingly, an order was passed for reinstatement with continuity in service along with 75% back wages w. e. f. 5. 11. 1986.

(3.) LEARNED counsel for the petitioner further prayed that after reinstatement while making pay fixation, the pay of the petitioner's husband was fixed as Rs. 810/- per month on 1. 12. 1987 and he was provided annual grade increments but for no reasons on 29. 9. 1992 his pay was reduced from Rs. 810/- to Rs. 750/ -. Therefore, for difference of wages, the petitioner's husband preferred an application under Section 33 (C) (2) of the Industrial Disputes Act, 1947 before the Labour Court, Bikaner. The Judge, Labour Court after hearing both the parties allowed the claim of the petitioner's husband. Against the said order passed by Judge, Labour Court on 28. 4. 1999, the respondents preferred a writ petition before this Court and the said writ petition was registered as S. B. Civil Writ Petition No. 4327/1999. However, the said writ petition was dismissed vide order dated 25. 7. 2000.