Rakesh Tiwari, J. - (1.) -This petition has been filed by the State of U. P. challenging the validity and correctness of the award dated 24.1.2000 passed by the Labour Court (II) U. P., Meerut.
(2.) THE backdrop of the case is that respondent No. 1, Dr. Sukhmal Jain was appointed on 19.8.1974 as an Assistant Medical Officer in the department of Medical Health and Family Planning. He was a temporary employee. He was involved in a criminal case under Section 302, I.P.C., was arrested by the police on 30.7.1975 and was placed under suspension vide order dated 8.9.1995. Subsequently, he was acquitted of the charge. After acquittal he was reinstated on 21.2.1997 and was posted as Medical Officer Incharge at the Primary Health Centre, Maho, district Aligarh by the Director Medical Health and Family Planning Welfare, U. P., Lucknow, vide order dated 7.5.1977. THEreafter respondent No. 1 by letters dated 11.5.1977 and 12.5.1977 directed him to submit his joining before the Deputy Chief Medical Officer (Health), Aligarh. Respondent No. 1 through his letter dated 13.5.1977 demanded Rs. 500 as travelling allowance and half of his salary for joining his duties at Maho, Aligarh, but he did not join there inspite of the fact that he was given the advance T.A. and advance salary in order to join at the transferred place of posting. Instead of joining at Maho, he tendered his resignation on 25.7.1977 with one month's notice, which was to become effective on 27.8.1977. After the period of notice from the date of his resignation was over, he filed a claim petition before the Public Service Tribunal, U. P., Lucknow, claiming relief of salary with effect from 13.5.1977 to 26.8.1977, L.D.S. and General Insurance, total amounting to Rs. 4,637.35. A declaration was also sought for by him to the effect that he continued in service upto 26.8.1977. The Claim Petition No. 224/II of 1978 Dr. Sukhmal Jain v. Director Health, U. P. and others, was dismissed on 27.6.1980 by the Tribunal holding that he was not entitled for the salary as prayed for on the ground of no work no pay. The findings of the Tribunal are as under : "Coming to the question of salary the petitioner has failed to explain why he did not immediately proceed to his new station after he had received the orders of transfer along with the order of his reinstatement on 12.5.1977. The petitioner's explanation that he did not proceed because he had not been paid his pay or advance. T.A. is not at all, sufficient and sound. Even if it is accepted that he could not proceed on that ground immediately there is nothing on record except his bare interested affidavit on the point that he had gone to join on 20.6.1977 and was not allowed to take there by the C.M.O., Aligarh. Under the above circumstances we hold that the petitioner did not go to take over charge at his new station and continued at Meerut till he served the legal notice and subsequently till he tendered resignation. Admittedly the petitioner did not work at all after 12.5.1977. The principle of no work no pay is to be applied in this case. The petitioner is, therefore, entitled to no relief." This order was not challenged and became final.
(3.) THEREAFTER respondent No. 1 gave legal notice on 22.7.1988 annexing thereto an alleged letter dated 25.1.1982 written to the Director Medical Health and Family Welfare, U. P., Lucknow, that he wants to withdraw his resignation tendered on 25.7.1977 alleging that the C.M.O., Meerut had informed him that his resignation was not accepted by the Government/Head of the department. It appears from the record that earlier also the respondent No. 1 had raised an Industrial Dispute before the Regional Conciliation Officer, Kanpur. The Conciliation Officer after hearing the parties had rejected the application of the respondent No. 1 by order dated 30.5.1990 declining to make reference. Subsequently the respondent No. 1 again raised an industrial dispute and initiated conciliation proceedings before the Conciliation Officer, Meerut. Alleging that his service was illegally terminated this time with effect from 13.5.1977 and prayed for reinstatement with full back wages. Following reference was made to the Labour Court-II, U. P., Meerut : "Kya sewa yojko dwara apne shramik Sukhmal Jain putra Sri Sikhar Chand Jain pad Sahayak Swasthya Chikitsa Adhikari ko dinank 13.5.1977 se karya se prithak/vanchit kiya jana anuchit tatha/avaidhanik hai yadi han to sambandhit shramik kya labh/anuthosh/relief pane ka adhikari hai tatha anya kin vivrano sahit?" ;