- (1.) Leave granted.
(2.) This appeal arises out of an order dated 30th June, 2011 passed by the High Court of Uttarakhand at Nanital whereby Special Appeal No.128 of 2011 filed by the appellant has been dismissed and the order passed by the learned Single Judge of that Court in Writ Petition 324(MS) of 2004 affirmed.
(3.) The appellant, it appears, was appointed as a daily-wager in the erstwhile Uttar Pradesh Pey Jal & Nirman Nigam sometime in the year 1988. Nine years later his services were terminated in February 1997. The termination, when assailed by the appellant before the Labour Court, was set aside with a direction to the respondent to reinstate the appellant with 50% back wages and continuity of service. The writ petition filed by the respondent-Jal Nigam who is the successor-in interest of the erstwhile Uttar Pradesh Pey Jal Nigam against the award made by the Labour Court succeeded only in part and to the extent that the award of back wages was deleted from the award by the Labour Court. It is common ground that pursuant to the award, the appellant was allowed to rejoin as a daily-wager and to serve the respondent-Jal Nigam till the date of his superannuation upon completion of 60 years of age.;