importan Point
Suppression of material fact disentitles a writ petitioner to any relief. Such act at the instance of State deprecated.

judgment

S.B. Sinha, J. —

1.First respondent was appointed as a Driver on daily wages by the appellant roadways. He was a casual employee. He was being paid wages at the rate fixed by the Deputy Commissioner, Rohtak.

2.Indisputably, he was continuously working from 4.8.1995. Allegedly, he abandoned the service. First Respondent’s contention, however, is that his services were illegally terminated.

3.First respondent filed an application under Section 2A of the Industrial Disputes Act, 1947 praying for his reinstatement with full back wages along with continuity of service and other statutory benefits. The said application was allowed by the Labour Court. Before the Labour Court, appellant did not adduce any evidence to establish to its contention that workman himself had left his job. Apart from the fact that he was found to be working for more than 240 days during the period of 12 months preceding the date of his termination and furthermore as admittedly the mandatory requirements of Section 25F of the Act had not been complied with, the learned labour court also found that some drivers who were junior to him had been retained in service in violation of the provisions of Section 25G of the Act. It was, therefore, directed that the respondent be reinstated on his previous post with continuity of service and full back wages from the date of service of the notice of demand.

4.The said award appears to have been implemented in part as the first respondent was reinstated in service by an order dated 10.5.2002 passed by the General Manager, Haryana Roadways, Rohtak, stating :

“As per Presiding Officer, Labour Court, Rohtak judgment dated 28.2.2000, Shri Jai Bhagwan, Ex. Driver D.W. s/o Shri Ram Kishan is hereby reinstated with immediate effect along with continuity of service subject to decision of outcome of the CWP/SLP on the post of Driver on daily wages upto 31.5.2002. He will be paid as per @ fixed by Deputy Commissioner, Rohtak. He is posted at Rohtak & Driver allotted No.102A.

The terms and conditions of the appointment will remain the same as per previous order. His services are liable to be terminated at any time without prior notice or assigning any reason. He can be transferred to any unit of Transport Department, Haryana.”

5.It is a matter of some significance that on the said date, namely, 10.5.2002, no writ petition had been filed. A writ petition was filed questioning the said award before the High Court of Punjab and Haryana at Chandigarh only on 27.7.2002. It does not appear that even in the writ petition, the fact that first respondent had been reinstated in service in term of the award of the learned Labour Court was disclosed. The said writ petition was summarily dismissed by an order dated 23.9.2002.

6.Relying on or on the basis of a purported scheme for regularization, the services of the first respondent were regularized, stating :

“In pursuance of the Transport Commissioner, Haryana, letter No.1224-45/A2/E3 dated 23.3.1998 and letter No.3471-90/A2/E3 dated 6.7.1999. Your services are hereby regularized as driver w.e.f. 10.5.2002 after completing 2 years of service in the scale of Rs.4000-100-4800-EB-100-6000 subject to final outcome of decision in CWP/SLP on the following terms and conditions–.”

7.The special leave petition was filed before the Court on 13.9.2004 with an application for condonation of 153 days’ delay. In the List of Dates filed with the SLP, the fact that the first respondent had been reinstated in service or that his services had been regularized had not been disclosed. To crown all, a prayer for interim relief was made to the following effect :

“It is, therefore, respectfully prayed that Your Lordships may graciously be pleased to grant ad interim ex parte stay of the operation of the final judgment and Order dated 23.9.2002 of the High Court of Punjab and Haryana at Chandigarh in CWP No.15317 of 2002.”

8.A notice in this matter was issued by this Court on 1.11.2004. First Respondent in his counter