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2001 Supreme(All) 312
HIGH COURT OF ALLAHABAD
R.K.Agrawal
ARUN KUMAR
Versus
STATE OF U P
Decided On : 04 April 2001
C. M. W. P. No. 32763 of 1997
SHISHIR KUMAR,
The main legal point established in the judgment is that an employee is entitled to be regularised in accordance with the relevant government orders and previous adjudication, especially when the termination of services is deemed illegal.
Headnote:
Regularisation - Service Dispute - Industrial Dispute Act, 1947 - Article 226 - Section 4-I - Government Order dated 14-12-1990
Fact of the Case:
The petitioner, Arun Kumar, sought regularisation of his services as a Junior Clerk after a dispute over his termination was adjudicated by the Labour Court and upheld by the High Court and Supreme Court. The Secretary, Madhyamik Shiksha Parishad, U. P. , Allahabad, rejected his representation for regularisation based on the Government Order dated 14-12-1990.
Finding of the Court:
The court found that the petitioner was entitled to be absorbed as a Junior Clerk in accordance with the Government Order dated 14-12-1990, as the termination of his services was deemed illegal and he was entitled to continuity of service.
Issues: The issues revolved around the regularisation of the petitioner's services as a Junior Clerk in light of the previous adjudication and the Government Order dated 14-12-1990.
Ratio Decidendi: The court held that the petitioner was entitled to be absorbed as a Junior Clerk in accordance with the Government Order dated 14-12-1990, as the termination of his services was deemed illegal and he was entitled to continuity of service.
Final Decision: The writ petition was allowed, and the impugned order dated 21-7-1997 was quashed. The respondent No. 2 was directed to absorb the petitioner as a Junior Clerk in accordance with the Government Order dated 14-12-1990 and provide all consequential benefits.
The petitioner, Arun Kumar has filed the present petition under Article 226 of the Constitution of India, seeking a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the order dated 21-7-1997 passed by the Secretary, Madhyamik Shiksha Parishad, U. P. , Allahabad, respondent No. 2 [filed as Annexure-13 to the writ petition]. He further seeks a writ, order or direction in the nature of mandamus commanding the respondents to regularise the services of the petitioner as Junior Clerk in the grade of Rs. 950-1500 w. e. f. the date his junior were regularised in services with all consequential benefits of seniority, pay fixation and further promotion etc. vis-a-vis his juniors and to pay the regular pay scale of Junior Clerk.
2. Briefly stated the facts giving rise to the present petition are as follows :
(a) According to the petitioner he was initially appointed on 4-2-1983 as daily wage worker in the office of Madhyamik Shiksha Parishad, U. P. , Allahabad. He continued to work till 1-10-1985 when his services were terminated. He raised an industrial dispute, which was referred by the State Government under Section 4-I of the Industrial Dispute Act, 1947 for adjudication before the Labour Court, Allahabad. The reference was registered as Adjudication Case No. 127 of 1990. The Labour Court, Allahabad gave an award on 24-12-1991 in the following terms :
"atah Is Vivad me mera Punch Nirnay/award Is prakar hai ki Shramik Arun Kumar S/o Sri Bhanu Pratap Singh "shramik" ki sevayen dinamk 1-10-1985 se prapt kiya jana Anuchit evam Vaidhanik hai, tatha use
sewa me ukta tithi se Sa-vetan Punarsthapit kiya jata hai. Use seva se hataye jane ki tithi se Punarniyojit ki tithi tak ke avadhi ka back wages bhi prapta hoga evauski sevayen Atut Mani Jayengi.
Shramik vipachhi sevayojko se Rs. 50 vad-vaya bhi pane ka adhikari hai. "
(b) The aforesaid award was challenged by the State of U. P. and the Board of High School and Intermediate Education, U. P. , Allahabad before this Court by means of Civil Misc. Writ Petition No. 3106 of 1993, which was dismissed vide judgment and order dated 21-1-1994. The order dated 21-1-1994 is reproduced below:
"heard Counsel for the petitioner and Sri K. P. Agarwal for respondent No. 2.
In view of the decision of Honble Supreme Court in the case of Bangalore Water Supply and sewage v. Its workmen [a. I. R. 1978 S. C. page 505] the award of the Labour Court dated 24-12-1991 and published on 8-4-1992 does not call for any interference by this Court under Article 226 of the Constitution.
The petition is, accordingly, dismissed. The petitioners are directed to pay back wages to the respondent No. 2 and also the current wages, which is being paid to the similarly placed employees. "
(c) Against the judgment and order dated 21-1-1994 passed by this Court in Civil Misc. Writ Petition No. 3106 of 1993 referred to above, the State Government filed Special Leave Petition No. 18306 of 1994 before the Honble Supreme Court, which was dismissed on 19-1-1995. The Honble Supreme Court had passed the following order while dismissing the Special Leave Petition.
"we have heard learned Counsel for the parties. We see no ground to interfere with the impugned order of the High Court. The Special Leave Petition is dismissed. "
(d) It appears that the State Government filed a review petition before the Honble Supreme Court which has also been rejected vide order dated 17-1-1996 by the Honble Supreme Court. The Madhyamik Shiksha Parishad had reinstated the petitioner on 23-9-1995 in terms of the award passed by the Labour Court. It may be mentioned here that the State Government vide order dated 14-12-1990 had sanctioned 160 temporary posts for absorbing the daily wage employees of the Madhyamik Shiksha Parishad. After his reinstatement the petitioner-claimed regularisation/absorption of his service on the temporary posts in terms of the Government order dated 14-12-1990. When it w
