HEERA LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By way of this petition the petitioner has prayed to grant him status of semi permanent employee on date on which he had completed his two years services and further direct the respondents to grant status of permanent employee to the him on which he had completed his 10 years services and award all consequential benefits i.e. seniority, grade increments, all types of leaves, differences of salary from 5.1.95 and other benefits. Brief facts of the case according to the petitioner are that he was appointed as a workman on daily wages muster role basis w.e.f. January 1987 and worked till Nov. 1988. On 1.12.1988 services of the petitioner were terminated illegally without assigning any reason or basis by respondent No. 4. The petitioner with one similar workman namely; Sita Ram Meena raised an Industrial Dispute before the Conciliation Officer but no settlement could arrive at. The Conciliation Officer thereafter submitted his failure report to the State Government and the State Government referred an Industrial Dispute to the learned Labour Court, Jaipur vide notification dt. 23.3.1990. The learned Labour Court, Jaipur after hearing learned counsel for both the parties, passed an award in favour of the petitioner on 5.1.1995.

(2.) The respondents being aggrieved with the award preferred a writ petition bearing SBCWP No. 4374/95 before this Court. This Court after hearing learned counsel, modified the award dated 5.1.1995 and held that termination of services of the petitioner is illegal and unjustified and directed to be reinstated with continuity of service, however, he shall be entitled for wages only from the date of award i.e. 5.1.1995. In pursuance of order dt. 26.11.1998, issued by respondent No. 4, the petitioner has been taken back on service but he has not been given the benefit of semi permanent status from the date of completion of two years service and permanent status from the date of completion of 10 years service. Ultimately, the petitioner served a notice for demand of justice on 4.11.1999 but with no result.

(3.) Being aggrieved with the above inactions on the part of the respondents, the present petitioner has filed the present petition under Article 226 of the Constitution of India.