ABDUL MOIN,J. - (1.) Heard learned counsel for the petitioner and Sri Dharm Raj Misra, learned counsel appearing for the respondent.
(2.) The present petition has been filed challenging the award dated 03.11.2015 as published on 17.02.2016 passed by the Labour Court, a copy of which has been filed as annexure 1 to the writ petition.
(3.) Sri Rajesh Tiwari, learned Additional Chief Standing counsel while challenging the said order has contended that (a) the Labour Court while issuing the impugned award has directed for regularization of the petitioner w.e.f 16.10.1996 which direction could not have been issued by the Labour Court as it does not have any power to do so (b) the appointing authority who was the Engineer-In-Chief was never impleaded as a party despite an objection having been raised in that regard (c) during pendency of the claim petition itself before the Labour Court which was filed in the year 2011, through an order dated 12.03.2012, the petitioner had been regularized on the post of 'Draftman' with immediate effect. Despite knowing about the said order and the Labour Court having noted the said order in its award, no efforts were made by the workman to challenge the said order of regularization and, consequently once he acquiescend to the order dated 12.03.2012, consequently the Labour Court could not have issued the further direction for his regularization w.e.f the year 1996 (d) the petitioner along with similar others had filed a writ petition no. 7381(SS) of 1996 claiming salary for the post of 'Tracer'. The petition itself having been filed in 1996 and the finding of the Labour Court of the petitioner having been working on the post of Draftman, a higher post in the year 1987 is totally contrary to records (e) despite the aforesaid pendency of writ petition having been noted by the Labour Court in its order in paragraph 4 and subsequently it having been noted that the writ petition has been withdrawn yet the fact of the matter would remain that once in 1996 the petitioner was claiming salary for the post of Tracer, as such, it can not be said that he was working in 1996 on the post of Draftman (f) the direction for regularization by the Labour Court w.e.f 16.10.1996 i.e retrospective effect has been passed without impleading the persons who are likely to be Affected by the said order i.e those Draftman who were appointed between 16.10.1996 to 12.03.2012 and consequently the order is bad.;