K.N.Goyal, J. - (1.) Admit, Notice has been taken by Sri K.B. Sinha on behalf of opposite-parties 2 and 3 and by Chief Standing Counsel on behalf of opposite-party No. 1. As only a short point is involved, I proceed to dispose of the petition finally.
(2.) The petitioner was a store coolie employed by the State Electricity Board. By a penal order dated 19-5-74 a sum of Rs. 3600/- was ordered to be recovered from him as it was held that he was responsible for the loss of this amount to the Board. Against this order, he filed a claim petition on the ground that the order had been passed in violation of the various service rules. The Tribunal, however, held that as the petitioner was a workman he was not entitled to maintain a claim petition. Although certain rulings of this Court were cited before the Tribunal it distinguished those rulings on the ground that in those cases the petitioners concerned were ex-Government servants on deputation with the Board.
(3.) I have heard learned counsel for the parties. I have gone through the rulings. Although the petitioners of those cases may have been ex-Government servants serving on deputation with the Board, yet this was not the basis of the view expressed in those cases. In Ram Krishna Yadav v. U.P. State Road Transport Corporation 1981 L.L.T. (Services) 101, it was held in my judgment in para 20 of the report that employees cannot ask for any relief from the Tribunal if the relief arises out of their status as workmen, namely any relief admissible to them on the basis of Industrial Disputes Act or of any other labour law. If, however, relief was claimed on the basis of any statutory service rules, it could certainly be granted by the Tribunal. Although the majority in the Full Bench (per T.S. Misra, J., as he then was) disagreed with me on another point, it did not disagree with the view expressed in para 20 as stated above. My judgment thus expressed the views of the Full Bench on all points except on the point on which Hon'ble Misra, J. delivered his dissenting judgment.;