- (1.) This petition has been filed under Articles 226/227 of the Constitution of India in challenge to Award dated 12.7.2005 (Annexure P- 10). Under the impugned Award, the respondent Roshan Lal son of Shri Niranjan Singh has been directed to be reinstated along with all consequential service benefits including continuity of service and full back wages.
(2.) The case set up by the respondent before the Labour Court was that he was appointed as Beldar on daily-wages on 22.3.1979 in the Soil Consultancy Wing of Civil Engineering Deptt. of Regional Engineering College, Kurukshetra. He worked till 31.3.1987. Thereafter also he was called for job off and on. Two other persons Surta Ram and Chander Bhan who were also working for the Deptt. filed CWP No. 2940 of 1989 which was decided in their favour on 9.12.1992. Pursuant thereto their services were regularized but this benefit was not advanced to the respondent-workman. He made number of representations which yielded no result. Finally, in the year 1997, the petitioner also filed C.W.P. No. 14712. At the time of admission of writ vide the Order dated 30.9.1997, the Deptt. was directed not to dispense with the services of the petitioner till further orders. However, an ante dated order of termination of service was passed on 28.9.1997 so as to render the writ petition infructuous. Consequently, the writ petition was withdrawn. The utter, under the circumstances, was agitated before the Labour Court.
(3.) The claim was contested by the petitioner. The relevant portion of the reply filed to the demand notice reads as under : "That beginning para of the demand notice is correct to this extent that petitioner was engaged as Beldar on 22.3.1979 in the Soil Consultancy Department, Regional Engg. College, Kurukshetra. It is relevant to mention here that the consultancy assignments are undertaken by the teaching staff of the REC as per consultancy rules and regulations laid down by the Board of Governors from time to time which are undertaken after taking prior permission of the Principal. As per consultancy rules, the Principal Investigator may make contractual engagements to assist him in consultancy work with the approval of the Principal for the tenure of the Project. However, such engagements cannot continue beyond the Project in any case. The expenses including the wages of such staff is made from out of the fees received for such consultancy job. In fact the petitioner was being engaged from time to time by different Principal investigators for different consultancy jobs, which are independent to each other during the period 22.3.1979 to 31.3.1987. However, after 1987 till 19.4.1996 the petitioner was not even engaged by the Principal Investigatory for any of the consultancy job, when on 19.4.1996 the petitioner was engaged by Prof. V.K. Arora in consuitancy job likewise he continued to worth upto 28.9.1997 when the services of the petitioner were finally dispensed with. Detail of period after 31.3.1987 is given below : Sh. Roshan Lal 19.4.96 to 18.5.96 30 VKA/95-96/49 -do- 21.5.96 to 20.6.96 30 VKA/96-97/05 -do- 21.6.96 to 20.7.96 30 VKA/96-97/03 -do- 23.12.96 to 22.1.97 30 VKA/96-97/28 -do- 7.2.97 to 6.3.97 30 -do- -do- 11.3.97 to 10.4.97 30 VKA/96-97/19 -do- 11.4.97 to 10.5.97 30 -do- -do- 4.8.97 to 3.9.97 30 VKA/97-98/17 -do- 4.9.97 to 28.9.97 25 -do-;