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2001 Supreme(SC) 463

UMESH C.BANERJEE, B.N.AGARWAL, G.B.PATTANAIK
Anil K. Sharma – Appellant
Versus
State Insurance And G. P. F. Department – Respondent


(1) THE appellant was appointed initially in the year 1994 on daily wage basis as L.D.C. in the State Insurance and C.P.F. Department. He worked as such up to July, 1986. Then, on the basis of a fresh selection made he was again appointed on daily wage basis on July 25, 1987 and that appointment was extended from time to time till February 29, 1988. The services of the appellant were not extended any further and it stood terminated. On December 13, 1988, other persons were appointed, but the appellant was not considered for the same. The appellant approached the High Court by filing a C.W.P in the year 1990. That writ petition was disposed of by the High Court by its order dated October 22, 1992. The High Court came to the conclusion that non-consideration of the appellants case for reappointment must be held to be in violation of Section 25-H of the Industrial Disputes Act (for short the Act The High Court, therefore, directed that the appellant shall be deemed to have been appointed w.e.f. December 13, 1988, but will not be entitled to any salary from the date of termination till the aforesaid date of reinstatement. The High Court further observed that the appellant would





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