Decided on May 08,2012

Firoz Mukhtar Appellant


PER TARUN AGARWALA,J: - - (1.) Heard Mr. T.A. Khan, the learned senior counsel assisted by Mr. Sanjay Kothari, learned counsel for the petitioner and Mr. Rakesh Thapaliyal, the learned counsel for the respondents.
(2.) THIS petition has been filed by the son of Parvez Mukhtar, who died before being reinstated in service. The petitioner, being the son of the deceased, has filed the present writ petition seeking a writ of mandamus commanding the respondent Utta akhand Jal Sansthan to give an appointment on compassionate grounds on a Class -III post.
(3.) THE facts leading to the filing of the writ petition is, that the petitioner 's father was appointed as a Clerk on a temporary basis in the year 1970 in the Water Supply and Sewerage Department of the Nagar Palika, Roorkee and his services was regularized in the year 1971. The services of the petitioner 's father was terminated on 25.2.1991. Being aggrieved, the father of the petitioner raised an industrial dispute with regard to the validity and legality of his termination. The dispute was referred for adjudication to the labour court. The labour court gave an award dated 30.03.1998 holding that the termination of petitioner 's father was valid. The petitioner 's father thereafter filed a writ petition, which was allowed by an order dated 1.10.2001. The award of the labour court was set aside and the matter was remitted back to the labour court to decide the matter afresh. The labour court, thereafter, reconsidered the matter and gave a fresh award dated 30.1.2003 holding that the order of termination passed by the Nagar Palika Parishad, Roorkee was illegal and accordingly directed the employer to reinstate the petitioner 's father with full backwages with continuity of service. The Nagar Palika Parishad, being aggrieved by the said award, filed a writ petition for the quashing of the whole award. Prior to the award, the Water Supply and Sewerage Department of Nagar Palika Parishad was taken over by the Uttarakhand Jal Sansthan w.e.f. 29.8.2002. Consequently, when the said writ petition was filed Uttarakhand Jal Sansthan was also impleaded as a party. The High Court, while considering all aspects of the matter, dismissed the writ petition of Nagar Palika Parishad by a judgment dated 22nd September, 2005 with a slight modification that instead of 100% backwages, the petitioner 's father was entitled for 50% backwages from the date of the award. The High Court held that in view of the provision of Section 18(3)(c) of the Industrial Disputes Act, the successor Uttarakhand Jal Sansthan was liable to implement the award of the labour court. This direction was not liked by the Jal Sansthan and, accordingly, the Uttarakhand Jal Sansthan filed a Special Leave Petition before the Supreme Court questioning the direction of the High Court. During the pendency of the Special Leave Petition, the petitioner 's father died on 24.2.2006 and inspite of getting knowledge of this fact, the Jal Sansthan failed to file a substitution application. Consequently, the special leave petition was dismissed as abated on 25th August, 2009. A review application was filed which was also dismissed. Consequently, the order of the High court stood affirmed and was liable to be implemented.;

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