IMPORTANT POINT
The Industrial Dispute was barred by the principles of res judicata in the facts of the case.

JUDGMENT

Ruma Pal, J.-Leave granted.

2. The respondent was appointed in 1983 as an Instructor on a temporary basis by the appellant. Between 19th May, 1986 to 16th June, 1986, the respondent failed to turn up for duty. According to the respondent this was because of communal clashes which had broken out in the respondent s village. According to the appellant, the respondent had merely absconded because of a complaint filed by one of the ladies working in the appellant s units against the respondent. Whatever the truth, the fact remains that when, after the period of absence, the respondent sought to rejoin his duties, he was not allowed to do so by the appellant.

3. The respondent then filed a writ petition before the High Court at Madras on 16th September, 1986 in which he claimed inter alia that he had been wrongfully refused employment by the appellant when he sought to rejoin. By way of interim relief, he prayed that he should be permitted to continue to work on the same terms and conditions. The substantive prayer in the writ petition was for a direction on the appellant to regularise the respondent s service. The writ petition, which was contested by the appellant, was dismissed by an order dated 1st December, 1986. However, since 18 posts for permanent Instructors had been advertised, leave was granted to the respondent to approach the appellant for appointment on the basis of his earlier temporary service.

4. The respondent applied for such appointment and also preferred an appeal from the order of the Single Judge dismissing his writ petition. It was contended before the Appellate Court that the respondent s service could not be terminated without a disciplinary enquiry. A grievance was also made that the Single Judge should have atleast directed the appellant to permit the respondent to continue in his temporary appointment.

5. The writ appeal was dismissed by the Division Bench of the High Court which held that the respondent was neither entitled to regularisation nor to reinstatement as the appointment of the respondent was a temporary one pending sanction of permanent posts and that the appellant Board could make recruitments only in accordance with the statutory rules. While dismissing the appeal, the Appellate Court recorded the statement of the counsel for the appellant that the respondent s application for appointment pursuant to the advertisement issued by the appellant for permanent appointment would be considered on its own merits. The respondent s application for appointment was, however, rejected by the appellant.

6. The respondent then raised a dispute under the Industrial Disputes Act 1947 challenging the termination of his service. In the counter statement filed by the appellant before the Labour Court, apart from countering the respondent s claim, the facts relating to the previous litigation initiated by the respondent were set out in detail. Despite noting the filing of the writ petition by the respondent and its dismissal, the Labour Court allowed the respondent s complaint holding that the respondent s services had been wrongfully terminated. The Labour Court accordingly directed the reinstatement of the respondent in service with full back wages and other attendant benefits.

7. The appellant challenged the Award of the Labour Court by way of a writ petition before the Madras High Court, inter-alia, on the ground that the decision of the High Court in the previous litigation between the parties was final and binding and that the second respondent could not raise the same dispute before the Labour Court, such fresh adjudication being barred by the principles of res judicata. This submission was in addition to the submission that the Award was otherwise incorrect since the respondent held a temporary post, that the permanent post had since been advertised and filled by duly appointed selectees and that there was no question of the respondent being either reinstated or directed to be paid any back wages. Th