JUDGMENT - B.H. MARLAPALLE, J. :---This petition, filed under Article 227 of the Constitution of India, challenges the Award dt. 4-2-1995 passed by the II Labour Court at Ahmednagar in Reference IDA No. 60/1992, by which the petitioner Department of the Maharashtra State has been directed to reinstate respondent employee, with continuity in service and backwages w.e.f. 14-6-1990.

2.The respondent was appointed on daily wages as Unskilled labour in Kukadi Irrigation Project, Division No. 2, Narayangaon w.e.f. 22-5-1979 and he continued to be employees as such till 24-3-1985 and thereafter, he did not report for duty. On or about 16-4-1990, the respondent, for the first time, made an application for re-employment and there was no response. By his letter dt. 25-6-1990, he was informed by the Executive Engineer, Kukadi Irrigation Project, Division No. 2, Narayangaon, that as there was no work available in the said Project, he could not be re-employed. The respondent, thereafter, submitted a Notice of Demand dt. 3-9-1990, addressed to the Superintending Engineer as well as Executive Engineer and, for the first time, he alleged that he was illegally removed from service w.e.f. 1-6-1985 an

Click Here to Read the rest of this document