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2002 Supreme(Raj) 259

B.S.CHAUHAN
Municipal Board – Appellant
Versus
Harish Chandra Joshi – Respondent


Advocates:
Appearance :
D. S. Rajiv, for the Appellant
M. Mridul, Sr. Advocate and R.N. Upadhyaya, Manoj Bhandari, for the Respondent

Judgment

B.S. Chauhan, J.-The instant writ petition has been filed against the impugned award dated 26.5.2000 passed by the Labour Court, Sri Ganganagar, allowing the claim of the respondent workman and directing the petitioner Municipal Board to reinstate him with 50% of back wages from the date of reference till the date of Award.

2. Thefacts and circumstances giving rise to this case are that respondent-workman filed an application on 15.1990 (Ann. Exhibit-P- 1) before the Chairman of the Board that he was qualified to be appointed on the post of Tax Assessor: post was lying vacant; thus he should be appointed. He was appointed on temporary basis, vide order dated 23.1991 (Ann. Exhibit-P-2), as a Tax Assessor by the Chairman of petitioner Municipal Board (for short, “the Board”) for a period of one year, or till regularly selected candidate was made available. When the period of one year was likely to expire, the workman approached the Civil Court by filing Suit No. 5/1992 and vide order dated 25.1992(AnnExhibit-P-3), application filed by the workman under Order 39, Rule 1 of the Code of Civil Procedure was allowed and the Board was directed not to remove the workman. Being aggr








































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