SHASHI BHUSHAN CHOUDHARY Vs. GOVERNMENT VSACCINE INSTITUTE

JUDGEMENT

(1.) THIS letters patent appeal has been preferred against the judgment dated April 4, 2006 of the learned single Judge in C. W. J. C. No. 1133/1997 (R), whereby the writ petition, filed by the respondent no. 1 herein, was allowed and, thereby the award of the Labour court was set aside by which the appellant shashi Bhushan Choudhary was directed to be reinstated in service with full back wages.

(2.) THE relevant facts, in short, are that the father of the appellant was employed in the government Vaccine Institute, Namkum, ranchi and he retired from service on december 31, 1980. Subsequently, he died and then his widow made an application for appointment of this appellant on compassionate ground. The then Chief Minister directed the superintendent, Government Vaccine Institute, namkum, Ranchi to consider the case of this appellant for appointment on compassionate ground and, thereafter, he was appointed on compassionate ground as special case as mazdoor in 'the Government Vaccine Institute, namkum, Ranchi by issue of letter dated october 19, 1982. The appellant joined the service but he was terminated from service by issue of a letter dated September 26, 1983 since his appointment on compassionate ground was not approved.

(3.) THE appellant, thereafter, challenged his order of termination from service by filing a writ petition being C. W. J. C. No. 195/1987 (R ). The Division Bench of this Court observed that the service of the writ petitioner was terminated in 1983 whereas the writ petition was filed on february 25, 1987, i. e. after about four years and, therefore, on the ground of delay in filing the writ petition dismissed the writ petition by order dated March 3, 1987. The appellant, thereafter, challenged the said order of dismissal of the writ petition before the supreme Court by filing S. L. P. No. 15230/1987 (AN) but the Supreme Court also by order dated November 15, 1989 dismissed the Special Leave Petition. Thereafter, the appellant raised an industrial dispute which was referred by the Government to the Labour court, Ranchi to adjudicate as to whether the appellant Shashi Bhushan Choudhary was a workman under the Industrial Disputes Act and if so, whether the termination of service was proper, if not, what relief he is entitled to. The said reference was registered as Reference Case no. 7/1994, The Labour Court by its award dated September 18, 1996 held the termination of the appellant to be not justified and proper and thereby passed an order for his reinstatement in service with full back wages.