MANAGING DIRECTOR, UTTARANCHAL STATE COOPERATIVE MARKETING FEDERATION, DEHRADUN AND ANOTHER Vs. ANAND BALLABH BRIJWASI

JUDGEMENT

(1.) The brief facts leading to the institution of this writ petition, whereby, the petitioners challenge the award dated 29th July, 2013, as published on 10th September, 2013, rendered by the Labour Court, Haldwani, Nainital in Adjudication Case No. 3 of 2002, by virtue of the impugned award, the respondent has been directed to be reinstated on the promotional post w.e.f. the date of his removal, i.e. 26th March, 1988, and also with the direction to grant salary and all consequential benefits to the respondent.

(2.) Facts of the case are that the respondent was initially appointed as a Chaukidar with the petitioner on 29th June, 1984. It is an admitted case that at the time when he was appointed as a Chaukidar, he was having a qualification of having done his ITI, Tractor, Mechanic. In pursuance to his appointment as Chaukidar, he joined services on 10th July, 1984 and worked as a Chaukidar with the petitioner. Since in 1984, when the respondent had taken his joining as a Chaukidar, his acquiring of the qualification of Tractor, Mechanic had no relevance as far as his appointment as Chaukidr is concerned. At a later stage, on account of work exigency, the respondent was appointed by way of arrangement only for 89 days as a Fitter. Later, his services as Fitter was dispensed with on 26th March, 1988, from the post of Fitter on the premise that no approval from Employment Board was obtained as per Rule 5 (1) (kha), the same is quoted hereunder:-

(3.) Secondly, on the ground that on the date of promotion of the respondent, he was not having the requisite qualification as required to be fulfilled by a Fitter as contemplated by the Government order dated 19th July, 1986.