GYARSILAL Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed assailing order dt. 30/01/90 (Ann. 1) whereby services of petitioner were terminated on the premises that criminal cases were registered against him and challan was filed before competent court of jurisdiction.

(2.) PETITIONER was appointed as Ward Boy (Class IV) vide order dt. 19/10/89 for a period of six months on the recommendations of selection committee dt. 17/10/89. But since he was facing criminal trial for offences U/ss 307, IPC in FIR-90/88 and U/ss 147, 148, 149, 325, 323, 341, IPC, in FIR-213/88, and working on temporary basis, his service were terminated on the basis of police verification report vide order dt. 30/01/90 (Ann. 2), which he did not challenge while facing trial in two criminal cases. However, competent court of jurisdiction while giving benefit of doubt acquitted him of offences vide judgments respectively dt. 04/03/91 (Ann. 6-in FIR-90/88)and dt. 18/10/95 (Ann. 7-in FIR 213/88 ).

(3.) PETITIONER earlier made representation before the reconciliation officer against termination of his services and after failure report, appropriate Government vide order dt. 19/12/1992 (Ann. 5) in exercise of power U/s 12 (5) of Industrial Disputes Act, 1947 did not consider it proper to make a reference while observing that since petitioner had worked only for three months and four days, he is not entitled for seeking relief under ID Act. After acquittal in criminal cases by competent court of jurisdiction, petitioner submitted representations (Ann. 8 to 10), which since were not considered by respondents, approached by way of this petition.