- (1.) This writ petition is directed against the award dtd.14.2.2008 whereby the learned Industrial Tribunal has held that termination of services of petitioner workman Roop Lal was illegal and contrary to the provisons of Section 25F of the Industrial Dispute Act, 1947 as he had worked for about 2 years as Ardly (orderly); a class IV position at the residence of Superintending Engineer, RSEB now Ajmer Vidhyut Vitran Nigam Limited. The Tribunal by the impugned award dtd.14.2.2008 has directed the reinstatement of workman Roop Lal and has directed the non-applicant AVVNL to absorb him as Class IV (Second Assistant) in terms of order dtd.17.3.1990. 50% of the back wages have been awarded in favour of the applicant.
(2.) The learned counsel for the employer AVVNL Mr. Manoj Bhandari submitted that the Industrial Tribunal could not have passed the award beyond the reference and could not have directed absorption of workman as Second Assistant as the post of orderly was abolished and screening of some orderly for absorption as Class IV was held in terms of order dtd.17.3.1990. At that time, the respondent workman could not be screened, therefore, there is no question of his absorption after 20 years. He also submitted that the award of back wages is not sustainable as no work was done by the workman.
(3.) On the other hand, Mr. Tribhawant Gupta submitted that while other similarly situated workmen were screened and regularized in the services of employer as Class IV employee, there is no reason as to why the workman could not be considered in terms of same order dtd.17.3.1990. He however, submitted that if the petitioner is reinstated after screening held in terms of order dtd.17.3.1990, he would forgo his claim of back wages on the principle of No Work No Pay and since the petitioner's rights against illegal termination were determined by the Industrial Tribunal only on dtd.14.2.2008 by the impugned award and the petitioner was deprived of an opportunity being screened in terms of order dtd.17.3.1990, the present writ petition deserves to be dismissed with a direction to the AVVNL to now consider the case of the petitioner for reinstatement upon screening in terms of order dtd.17.3.1990 if he is otherwise found to be fit and eligible to be absorbed on Class IV post (second assistant). He would not be entitled to any back wages.;