Gopal Krishan Vyas, J. - (1.) Instant writ petition has been filed under Article 226 and 227 of the Constitution of India challening the award dated 02.08.2010 passed by Judge, Industrial Disputes Tribunal and Labour Court, Jodhpur in Labour Case No.19/2005, whereby, learned Tribunal answered the reference No.F1(1)1758 LD/2004 dated 10.02.2005 in favour of the workman-respondent and held that non-regularisation and non-payment of salary and allowance by the petitioner Housing Board to the respondent-workman is not proper and legal and workman-respondent is entitled to be reghularized on the post upon which he was initially appointed alongwith regular pay and allowances for the post of Junior Assistant from the date of his regularization.
(2.) As per facts of the case, an industrial dispute was raised by the respondent-workman for regularisation and for granting regular pay-scale for the post of Junior Assistant. The workman-respondent was initially appointed on the post of Junior Assistant in the office of the petitioner on 01.11.1999 for a period of six months on monthly salary of Rs. 1800/-. The workman-respondent joined his duties on 04.11.1999 and since then he was continuously working on the said post but his services were not regularised nor he was allowed regular payscale. After failure of the conciliation proceedings, the matter was referred to the appropriate Government for reference and following reference was made by the Labour Department of the Government of Rajasthan on 10.02.2005 : ...[VERNACUALR TEXT OMITTED]...
(3.) Upon reference being received by the Labour Court, notices were issued and respondent-workman filed his claim before the Judge, Labour Court, Jodhpur and submitted that he is working on the post of Junior Assistant at the rate of Rs. 1800/- per month since 04.11.1999 and the initial appointment was made for six months. Later on, it was ordered that services of the petitioner are hereby extended till further orders. In the claim petition, it was specifically pleaded that post of Junior Assistant is in existence and as per his continuous service since 04.11.1999 the workman is entitled for regularisation and regular pay-scale for the post of Junior Assistant.;