BINAY KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with a prayer to grant the benefits of AC PI MACP to the petitioner after completion of satisfactory years of service as per the resolution of Finance Department for ACP/MACP. Further prayer has been made for recalculating the difference of entire dues towards salary for the period 01.01.1989 to 26.09.2008 after adding annual increment for the period 01.01.1989 to 26.09.2008 and also for revised pay-scale under Pay Revision Rules.

(3.) The petitioner was initially appointed by respondent No. 2 for the post of Accounts Clerk being retrenched employee vide memo No. 118 dated 30.01.1988. Thereafter, his appointment was extended vide memo No. 358 dated 25.04.1988, memo No. 1191 dated 30.08.1988 and letter No. 296 dated 18.12.1989, issued by the Superintending Engineer, Jamshedpur. The petitioner had continuously worked for about 18 months i.e. much more than 240 days but subsequently, he was removed from the service. On such removal, the petitioner raised an industrial dispute and the appropriate authority referred the matter for adjudication vide notification dated 10.02.1994, issued under the orders of Governor of Bihar. Thereafter, Ref. Case No. 12 of 1994 was instituted and the proceeding was initiated and after examining the witnesses adduced by the Management/respondents, the learned Labour Court, Jamshedpur by its Award dated 25.02.2004, reinstated the petitioner setting aside the order of termination with full back wages and consequential benefits.