GAJENDRA KUMAR SINGH, S/O HARISH CHANDRA NARAYAN SINGH Vs. MANAGEMENT OF HEAVY ENGINEERING CORPORATION LTD , RANCHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent-State.

(2.) The petitioner has approached this Court with a prayer for a direction upon the respondent to reinstate the petitioner to his original post with full back-wages along with all consequential benefits within a stipulated period in view of the order dated 18.08.2004 passed by this Court in CWJC No. 1958 of 1997.

(3.) The petitioner was initially appointed as an Assistant Grade-III by the Management of Heavy Engineering Corporation Ltd, Ranchi (hereinafter referred to as HEC ) and was posted at Turnkey Project Division of HEC. After continuous service of one year though his job was perennial in nature but he was not given the proper scale meant for the post in question. It is the case of the petitioner that he was not paid the admissible pay scale attached with the post and the same was being refused by the Management of HEC, having no alternative, the petitioner preferred a writ petition bearing CWJC No. 434 of 1986 (R) before the Hon'ble Patna High Court, Ranchi Bench seeking equal pay for equal work. Thereafter, the management of HEC verbally terminated the services of the petitioner w.e.f. 31.03.1986 without any notice neither show cause nor any compensation as provided under Section 25F of the I.D. Act, was paid to the petitioner. On 11.07.1987, the said CWJC No. 434 of 1986 was dismissed by the Hon'ble High Court on the ground that some disputed question of facts were involved, which cannot be decided under the writ jurisdiction and it was further held that such facts can be decided by the Labour Court/Tribunal under the provision of the I.D.Act. Pursuant thereto, the petitioner filed M.J. Case No. 1/1987 before the learned Labour Court, Ranchi for a direction to the HEC Management to pay difference of his wages from 20.07.1982 to 31.03.1986 and the same was allowed on 14.02.1988. Thereafter, in compliance of the said order, only part payment was made by the Management at that time and rest of the amount was paid in the year, 1998.