Advocates:
['GIRISH SANKHALA', 'ARVIND KACHHAWAHAARVIND KACHHAWAHA SHASHI KANT', 'ARVIND KACHHAWAHA', 'DK PARIHAR']

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

O R D E R

Joseph Thomas v. The Judge, Labour Court,

Jodhpur & Ors.

S.B.CIVIL WRIT PETITION NO.7136/2005

under Articles 226 and 227 of the

Constitution of India.

Date of Order

:: 19^th December, 2008

P R E S E N T

HON'BLE MR.JUSTICE GOVIND MATHUR

Mr. Girish Sankhla, for the petitioner.

Mr. D.K.Parihar, for the respondents.

....

BY THE COURT :

REPORTABLE

To challenge the award dated 18.1.2005,

passed by the Labour Court, Jodhpur and its

publication as per Section 17 of the Industrial

Disputes Act, 1947 (hereinafter referred to as “the

Act of 1947”) by the appropriate government under a

notification dated 6.8.2005, this petition for writ is

preferred.

In brief, the factual matrix necessary for

adjudication of this petition for writ is that the

Principal, Jawahar Navodaya Vidhyalaya, Jaswantpura

District Jalore, initiated a process of selection for

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appointment to the post of Electrician-cum-Plumber and

for the purpose the petitioner was called for to face

an interview on 12.9.1996. On selection, appointment

was offered to the petitioner as Electrician-cum-

Plumber on contract basis for a period of one year by

the respondent No.2. The appointment of the petitioner

was also approved by the Deputy Director, Navodaya

Vidhyalaya Samiti, Jaipur Division, Jaipur. On

9.9.1997 an agreement for service was executed between

the petitioner and the Principal, Navodaya Vidhyalaya,

Jaswantpura, District Jalore, accordingly, the

petitioner joined service on the same day. In the

agreement it was specifically averred that the

petitioner shall be engaged against a vacant post of

Electrician-cum-Plumber and the petitioner have to

perform duties in the Navodaya Vidhyalaya at par with

the regular staff and as per the directions given by

the Principal. As per clause (9) of the agreement the

petitioner was also entitled

for rent free

accommodation within the Vidhyalaya Campus and was

also entitled for free meals alongwith the students.

The agreement of the employment was re-executed on

9.9.1998 with the same terms and conditions as

referred in the agreement dated 9.9.1997. After a

period of one year the agreement for employment was

again executed on 10.9.1999 and whatever entitlements

made in the agreement dated 9.9.1997 were continued.

The agreement for employment was again executed on

17.1.2001 with the same terms and conditions as

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referred in the first agreement of employment dated

9.9.1997. The agreement dated 17.1.2001 was also for a

period of one year. The petitioner in pursuant to the

agreements executed time to time in the manner stated

above continued in the employment of the Principal,

Jawahar

Navodaya

Vidhyalaya,

Jaswantpura

as

Electrician-cum-Plumber from the date of his initial

appointment i.e. 9.9.1997. The Principal, Jawahar

Navodaya Vidhyalaya, Jaswantpura by an office order

dated 16.1.2002 terminated the petitioner from service

consequent upon the expiry of the terms of contractual

agreement of employment dated 17.1.2001. Being

aggrieved by the same the petitioner raised an

industrial dispute which was referred for its

adjudication to the Labour Court, Jodhpur by the

appropriate government under a notification dated

8.9.2003 in the terms that “whether termination of

employee (workman) Shri Joseph Thomas son of Shri

Thomas K.M., Electrician-cum-Plumber w.e.f. 16.1.2002

by the Principal, Jawahar Navodaya Vidhyalaya

Jaswantpura District Jalore is proper and valid? If

not, then for what relief and amount the workman is

entitled?”

The petitioner in his statement of claim

mentioned all necessary details regarding his

employment with the Jawahar Navodaya Vidhyalaya

Jaswantpura and alleged that