- (1.) The petitioner is a retired employee of a Local Body namely Nagar Panchayat, Bhatani Bazar, district Deoria. His claim for pension has been rejected on the ground that he has not completed the qualifying period of service.
(2.) The essential facts of the case are that the petitioner was initially engaged as a Lineman by the third respondent on casual basis in the year 1987. In the year 1991 his services were dispensed with. He raised Industrial Dispute which was referred to the Labour court which was registered as Case No. 194 of 1991. The Labour court vide its award dated 8.5.1999 declared the termination of the petitioner as illegal and directed the employer to reinstate the petitioner with back wages with continuity of his service. From the record it appears that the award of the Labour court was not challenged by the third respondent and it complied the said order.
(3.) Later on the petitioner moved a representation for his regularization but the State Government vide order dated 4.4.2001 has rejected the claim of the petitioner for regularization. Aggrieved by the order of the State Government dated 4.4.2001 the petitioner preferred a Writ Petition No. 23824 of 2001. The said writ petition was allowed on 27.3.2003 by issuing a direction upon the respondents to consider the regularization of the petitioner in accordance with law. A copy of the judgment has been brought on record as Annexure-3 to the writ petition. In compliance of the order of this Court dated 27.3.2003 the State Government found that the petitioner is entitled for regularization in terms of the U.P. Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001 (for short Rules, 2001). Consequent upon, the third respondent passed an order dated 3.3.2005 regularizing the services of the petitioner. The petitioner retired on 31.12.2009.;