J.C.VERMA, J. - (1.) The petitioner had entered in the employment of Urban Cooperative Bank Ltd. on the post of Clerk on daily wages way back in March, 1978 on consolidated salary of Rs. 250/- per month vide annexure 1. The petitioner was appointed as trainee clerk for a period of three months. The appointment was continued. His service came to an end on September 1, 1978, but the same was challenged before the Labour Court. The petitioner was successful in Labour Court vide award dated August 1, 1985, which was challenged by respondent by filing the writ petition No. 118/86. The High Court vide order dated August 20, 1986 set aside the award of Labour Court and remanded the case back to Labour Court for appropriate award. Ultimately the award was passed on September 19, 1987 (Annex. 2), whereby the termination order was set aside. The award dated September 19, 1987 (Annex. 2) was challenged by filing the petition No. 1800/88, which writ petition came to be dismissed vide order dated August 9, 1988 (Annex. 3).
(2.) The award dated September 19, 1987 (Annex. 2) was not implemented till the petitioner approached the Labour Court by filing application for prosecution under Section 29 of the Industrial Disputes Act, 1947, but before the prosecution could be launched, the petitioner was reinstated in service vide letter dated October 1, 1988 (Annex. 4).
(3.) The petitioner was taken back in service as Trainee Clerk. The petitioner represented to such designation. The petitioner has also filed the application under Section 33-C(2) of the ID Act for computation of amount of arrear of salary. Even though the salary of a clerk was much higher, but the petitioner was being paid consolidated salary Rs. 250/- only. Later on, the salary was fixed at Rs. 835/- only w.e.f. January 19, 1991. The petitioner was claiming salary in regular pay scale of the post of clerk, on which post he was working. He again approached the High Court by filing the writ petition No. 4578/89, which came to be decided vide order dated July 23, 1992 (Annex. 6) with the direction to respondent to consider the case of petitioner for regularisation, confirmation and promotion and to hold the interview for the purpose of his suitability.;