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2005 Supreme(SC) 1119

ARIJIT PASAYAT
STATE OF UTTARANCHAL – Appellant
Versus
JAGPAL SINGH TYAGI – Respondent


Judgment

ARIJIT PASAYAT, J.

( 1 ) THE appellant State calls in question legality of the judgment rendered by the learned Single Judge of the Uttaranchal High court.

( 2 ) A brief reference to the factual background will be necessary: the respondent (hereinafter referred to as "the employee") was a work-charged employee in Irrigation Research Institute, Roorkee. The project was completed on 28/2/1982 and like other similarly work-charged employees his services came to an end. Order in this regard was passed on 25/2/1982. The respondent employee raised a dispute before the Conciliation officer, Saharanpur in 1988 who after examining the claim dismissed it on 25/1/1990 and no reference was made under the Industrial Disputes Act, 1947 (in short "the Act" ). A writ petition was filed by the respondent employee before the Allahabad High Court which was dismissed. However, the respondent employee was permitted to make a representation or to approach the Government for a fresh consideration. The State Government referred the dispute to the Labour Court which directed reinstatement with 50% back wages. Both the State Government and the employee filed writ petitions. The High Court dismissed




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