- (1.) The present petition has been filed by Dharam Pal, Mohan Lal, Raghubir Singh, and Gulab Singh under Articles 226/227 of the Constitution of India. A prayer has been made in the petition for issuance of a writ of certiorari for quashing termination order dated December 9, 2005. Additionally, the petitioners have also prayed for quashing of the orders dated December 5, 2005 whereby the Divisional Soil Conservation Officer has rejected the claim of the petitioners for regularisation of their services.
(2.) Certain facts be noticed : Petitioner No. 1 Dharam Pal joined the Department of Agriculture as a Mali with effect from July, 1995 as a daily wager. He continued to work on the aforesaid post upto 1999 when his services were terminated. Similarly, petitioner No. 2, Mohan Lal, joined the Department as a Mali with effect from April, 1994 as a daily wager and continued to work on the aforesaid post till March, 1999 when his services were terminated. Petitioner No. 3, Raghubir Singh, also joined as a Mali with effect from January, 1997 as a daily wager and he worked upto February 2, 2000 when his services were terminated. Identically, petitioner No. 4, Gulab Singh, also joined the Department as a Mali with effect from July 7, 1995 as a daily wager and worked upto February 2, 2000 when his services were terminated. On the respective termination of the aforesaid workmen, they raised independent and separate industrial disputes. The matter was referred by the appropriate Government for adjudication to the Labour Court. Four separate awards were passed by the Labour Court with regard to each of the workmen. In the case of petitioner No. 1, Dharam Pal, an award dated October 3, 2003 was passed. It was held by the Labour Court that Dharam Pal had worked continuously with effect from July, 1995 till the date of his termination and that his termination was illegal and contrary to the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as the "Act"). In these circumstances, vide award dated October 3, 2003, Annexure P1, the termination of the aforesaid workmen Dharam Pal was set aside and he was held entitled to reinstatement with continuity of service. A similar award dated November 7, 2003 (Annexure P/2) was passed in the case of petitioner No. 2, Mohan Lal. The Labour Court held that he had continuously worked with effect from April, 1994 till the date of his termination and that his termination was also illegal and violative of provisions of the Act. The aforesaid workman was also held entitled to reinstatement with continuity of service. In the case of petitioner No. 3, Raghubir Singh and petitioner No. 4, Gulab Singh, two separate awards dated April 27, 2004 were passed by the Labour Court. The aforesaid awards are appended as Annexures P/3 and P/4 with the present petition. In the award Annexure P/3, the Labour Court held that Raghubir Singh had worked continuously with effect from January, 1997, till the date of his illegal termination and, therefore, he was held entitled to reinstatement with continuity of service. In the award Annexure P/4, petitioner, Gulab Singh, was held continuously working with effect from July 7, 1995, till the date of his termination which was also held to be violative of the provisions of the Act. He was also held entitled to reinstatement with continuity of service. However, all the petitioners were held not entitled to any back wages.
(3.) In accordance with the aforesaid awards in favour of the aforesaid four petitioners, petitioners were reinstated in service. The respondent-management challenged the aforesaid awards through the four writ petitions filed before this court. All the aforesaid four writ petitions were dismissed. The respondents even approached Hon'ble Supreme Court of India through Special Leave Petitions. The aforesaid Special Leave Petitions were also dismissed.;