PRADEEP JAIN Vs. STATE OF M.P

JUDGEMENT

(1.) BOTH these writ appeals have been filed against a common order dated 13/03/2012 passed by learned Single Judge in W.P.No.2127/2004. Appeal No. 235 of 2012 has been filed by three persons, who were petitioners in W.P.No.2127/2004 and Writ Appeal No. 787 of 2012 has been filed by Gwalior Development Authority.

(2.) THE dispute is in regard to seniority and benefit of regular post to Sub Engineers Mr. Pradeep Jain, Mr. Ravikant Gupta and Mr. Anil Bansal appellants in W.A.No. 235 of 2012. They were engaged on daily rate basis with effect from 01/12/1989, 17/08/1989 and 02/09/1989. Respondent No.3 Manoj Mathur, Respondent No.4 Deepak Kulshreshtha, Respondent No.5 Pramod Malik and respondent No.6 Satyendra Singh Tomar were engaged on daily rate basis with effect from 11/12/1989, 26/12/1989, 10/01/1990 and 24/01/1990 respectively. In the year 1994, the services of appellants as well as respondent Nos. 3 to 6 were terminated. The aforesaid persons approached the labour Court and the labout Court passed an order of maintenance of status quo on 30/07/1994. The Gwalior Development Authority granted the benefit of fixation of pay, thereafter, the cases from the labout Court were withdrawn.

(3.) VIDE an order dated 28/07/1999, services of 110 employees were terminated. This order was challenged before the High Court and the High Court vide an order dated 01/3/1999 directed that the cases of all the employees be considered and upto that period, the employees be permitted to continue in service. Thereafter, again vide an order dated 15/03/2000, the services of employees mentioned hereinabove as appellants and respondents were terminated. The order of termination was challenged before the labour Court under Sections 31, 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960. The employees also prayed a relief of classification. The labour Court granted reinstatement but refused to grant benefit of classification under the Certified Standard Standing Orders. The Gwalior Development Authority challenged the order of the labour Court in a writ petition before the High Court and the High Court dismissed the writ petition. Against the aforesaid order of the labour Court, the appellants in W.A.No. 235 of 2012 and respondent No.3 to 6 filed appeals before the Industrial Court. The Industrial Court vide an order dated 28/02/2003 passed in the case of appellants ordered classification to the post of Sub Engineer with effect from 16/03/1998. The Industrial Court also ordered classification in the appeals preferred by respondent Nos. 3 to 6 and ordered classification with effect from 15/03/1998. From the order of Industrial Court, the respondent Nos. 3 to 6 were made eligible to be classified with effect from 15/03/1998 i.e. one day prior to the appellants in W.A.No.235/2012 i.e. w.e.f. 16/03/1998. During pendency of the appeals, the employees were again terminated vide order dated 28/12/2002. The aforesaid order was challenged in a writ petition, which was allowed. The Gwalior Development Authority vide order dated 07/08/2004 requested the Government for creation of 15 posts. Consequently, the Government vide order dated 25 th August 2004 sanctioned 15 posts including five posts for Sub Engineers. Thereafter, the Gwalior Development Authority regularized the services of five Sub Engineers i.e. Respondent Nos. 3 to 6, they were regularized vide order dated 23/10/2004. Appellants submitted a notice of demand of justice and pleaded that they were engaged on daily rate basis prior to respondent Nos. 3 to 6, hence, they have a right of regularization on creation of posts. Then, five employees namely Mr.Vijay Kariyar, Vijay Dubey, Ashok Ingle, Dharmendra Gour and Santosh Pathak challenged the order of regularization dated 23/10/2004 and also prayed a relief that they be also regularized. Learned Single Judge vide an order dated 26/6/2006 passed in W.P.No.2192/2004 quashed the order of regularization and directed the Gwalior Development Authority to consider the cases of the aforesaid five persons in the light of the order dated 09/10/2003 and 06/12/2004 passed by the Division Bench of this Court in L.P.A.No.254/2004. In writ petition W.P.No.2192/2004, the present appellants and respondents Nos. 3 to 6 were not parties. Thereafter, a writ Appeal was filed against the aforesaid order of the learned Single Judge by 15 employees. The respondent No. 3 Manoj Mathur was the appellant No. 6 in that appeal, respondent No.4 Deepak Kulshreshtha was the appellant No.9, respondent No. 5 Pramod Malik was the appellant No.14 and respondent No. 6 Satendra Singh Tomar was the appellant No.8 in that writ appeal. Appellant Pradeep Jain, Ravikant Gupta and Anil Bansal did not assail the order of learned Single Judge. The Division Bench of this Court disposed of the writ Appeal No. 135 of 2006 by a consent order dated 09 th April, 2007 with the following directions: -