- (1.) INSTANT petition is directed against order of the Ld. Tribunal filed at the instance of Establishment (Union of India) Dt. 28.8.2012.
(2.) THE respondent is a Class -IV employee and litigating for the last 20 years and still remain at the place from where he started his
(3.) BRIEF facts of the case are that the respondent employee initially appointed in the cadre of Class -IV (Peon) on 1.9.1994, however, his services were terminated without complying the provisions of Industrial Disputes Act, 1947 (Act 1947) vide order Dt. 1.7.1995, that was subject matter of challenge before the Tribunal and after the matter being heard, the Ld. Tribunal passed award Dt. 25.2.2000 and answered the reference in affirmative and it was held that the action of the petitioner employer was in violation of Sec. 25F of the Act 1947 and while setting aside the order of termination was directed to reinstate him with continuity of service with 50% back wages. In compliance of award, the respondent employee was reinstated w.e.f. 11.8.2000, however, after working for almost two years, his services were again terminated vide order Dt. 27.3.2002 w.e.f. 1.4.2002 and that was again the subject matter of challenge by raising industrial dispute and the Ld. Tribunal after hearing the parties passed award Dt. 28.4.2005 setting aside the order of termination Dt. 27.3.2002 with direction to reinstatement him with continuity of service along with 50% back wages and that subsequent award Dt. 28.4.2005 was subject matter of challenge by filing writ petition -1859/2006 and that came to be dismissed on 7.3.2006 which was further challenged by the petitioner employer in intra court appeal (DB Special Appeal -1996/2008) and that also came to be dismissed on 30.6.2011 and after dismissal of appeal, the respondent employee was directed to join duties pursuant to letter Dt. 1.10.2011 and as he was working in the cadre of Class -IV and that too on the minimum of the scale he made a complaint that at least he may be considered for fixation in the regular pay scale on the post which he is holding initially since September 1994 and the respondent employee filed Original Application -536/2011 and the Ld. Tribunal on the basis of material came on record disposed of the OA vide its order Dt. 28.8.2012 and passed the following order - "10 - Be that as it may, the ends of justice will be met if I direct the respondents to consider case of applicant taking into account the fact that he has been working for such a pretty long time with the All India Radio on the post of Peon and as he has right of preferential consideration against the vacant post available anywhere in Rajasthan Zone of All India Radio, which the respondents cannot deny. Therefore, the respondents are directed to consider case of the applicant for regular appointment against the vacant post, as observed herein above, as per provisions of law. It is expected from the respondents to consider case of the applicant expeditiously, but in any case not later than a period of three months from the date of receipt of copy of this order.";