- (1.) THIS appeal under Clause X of the Letters Patent, 1894 is directed against a judgment dated 26.11.2009 passed by the learned Single Judge of this Court in CWP No.15066 of 2006, whereby writ petition filed by the respondent -workman had been allowed and he was ordered to be reinstated into services with back wages.
(2.) THE respondent -workman suffered termination of his services on 1.9.1988 when he was in the employment of the appellants. The industrial dispute, having been referred to the Labour Court on a reference, was adjudicated in favour of the workman to the extent of award of compensation since claim of the management was that there was no post available to reinstate him. The writ petition preferred by the workman against the said Award of the Labour Court was decided against the workman. Later on, coming to know that the Management had regularized services of a junior, namely, Rameshwar Dass as Peon, the workman had issued fresh demand notice seeking for the reference asserting his entitlement to be re -employed under Section 25 -H of the Industrial Disputes Act, 1947 (in short, the Act) from the date when his junior Rameshwar Dass was regularized on the post of a Peon. The workman had claimed his prior right of re -employment under Section 25 -H of the Act.
(3.) CLAIM of the management, on the other hand, was that the litigating workman held different category of post whereas workman Rameshwar Dass with whom parity was claimed by him, had been working on a different category of post. It was argued that Rameshwar Dass had been appointed as a Peon, whereas the respondent was only a Chowkidar and thus no parity was available to the petitioner. It was further claimed that even services of Rameshwar Dass were going to be terminated but he had obtained a stay order from this Court. Reference of the workman was rejected even on the ground of delay. Award of 1.10.2001 of the Labour Court was questioned by the workman in a petition preferred by him, judgment rendered in which petition on 26.11.2009 in favour of the workman, is now under challenge by the management.;