Abhinava Upadhya, J. - (1.) By this petition the Union of India and the Commissioner, Income Tax, Allahabad have prayed for setting aside the order of the Central Administrative Tribunal, Allahabad dated 28.02.2006 passed in favour of Rakesh Kumar, respondent No. 2.
(2.) We have heard Sri R.K. Upadhya, learned counsel for the petitioner and Sri Bipin Behari, learned counsel for the respondent No. 2.
(3.) The brief facts of the case are that the respondent No. 2 Sri Rakesh Kumar was engaged on daily rate as contingent paid employee in the office of the Commissioner of Income Tax, Allahabad in July 1994. He continued intermittently as a daily wager until his disengagement on 13.2.1997. He was disengaged by oral order on 13.2.1997. Aggrieved by such disengagement he filed an Original Application No. 502 of 1997 before the Central Administrative Tribunal seeking a direction to the respondent Assistant Commissioner to re-engage him as casual labour (Generator Operator) with all consequential benefits. The Tribunal vide its order dated 20.3.2001 granted relief to him in the following terms which is quoted below: "I find in the case before me that the applicant was thrown out from the service without being given order of termination. Although he worked as casual labour but he worked continuously from 1.7.94 to 13.2.97 barring artificial breaks. Such termination is clearly unlawful and cannot be up held. The respondents are, therefore, directed to take back the applicant in service and in case after assessment of his past services, it is not found that his services were satisfactory, he should be given notice before giving the termination order. The applicant is, however, not entitled to any back wages on account of his re-engagement. The respondents shall comply with this order within a period of three months from the date of receipt a copy of this order. There will be no order as to costs.";