- (1.) The petitioner has filed the present writ petition for quashing the impugned order dated 11.10.2012 (Annexure P-10), whereby his claim for the grant of the revised pay scales as per Vth & VIth pay Commission and IInd ACP was rejected.
(2.) The petitioner joined as Salesman on 8.6.1981. His services were terminated on 22.9.1994. The petitioner approached the Industrial Tribunal-cum-Labour Court, Hisar for the redressal of his grievance. The Labour Court vide the award dated 1.2.2007 (Annexure P-1) answered the reference in favour of the petitioner holding therein that termination of his services was not proper and valid. He was held entitled to reinstatement with continuity of service and all other consequential service benefits including 50% back wages from the date of issuance of demand notice (20.12.1994) till the publication of Award and full wages thereafter till reinstatement.
(3.) The respondent filed CWP No. 8716 of 2007 challenging the award dated 1.2.2007 before this Court, which was dismissed vide judgment dated 30.5.2007 (Annexure P-2). After passing of the judgment dated 30.5.2007, the petitioner was reinstated with immediate effect and posted at CONFED District Office, Karnal vide order dated 26.10.2007 (Annexure P-3). Though the petitioner was reinstated in service w.e.f 27.10.2007, however neither his pay and other allowances were fixed as per recommendations of the Fourth, Fifth and Sixth Pay Commission which were applicable to the employees of the CONFED nor 50% pay and other allowances were paid to the petitioner from the date of issue of Demand Notice i.e 20.11.1997 till publication of the Award in the Gazette i.e 1.3.2007 and full pay and other allowances onwards till reinstatement and subsequently pay and other allowances w.e.f 27.10.2007 as per his entitlement. Petitioner also made representation in this regard.;