Anupinder Singh Grewal, J. - (1.) The instant writ petition is directed against the order dated 28/05/1996 (Ann. 3) passed by the respondents whereby, the petitioner has been denied the benefit of notional pay fixation.
(2.) The facts of the case, briefly stated, are that petitioner was appointed as Conductor with the Rajasthan State Road Transport Corporation on 01/08/1975. His services were terminated on 17/10/1978 on the charge that he had not issued tickets even though payment had been collected from three passengers. He challenged the order of termination before the Labour Court. The Labour Court vide award dated 10/01/1983 directed that instead of dismissal, petitioner is liable to be punished with stoppage of two annual grade increments without cumulative effect, and he has to be reinstated with continuity in service but without back wages.
(3.) Learned counsel for the petitioner has contended that although Labour Court had directed that two annual grade increments without cumulative effect of the petitioner should be withheld but the respondents have even withheld the future increments, which is not permissible. He has further contended that respondents themselves had issued Circular on 13/11/1986 (Ann. 1), wherein it was decided to grant benefit of notional fixation to an employee, who had been reinstated without back wages by an award of the Labour Court. In support of his submission, he has relied upon judgment of this Court in Sri Sanatan Dharm Shastri Sanskrit Mahavidyalaya v/s. The State of Rajasthan & Ors. [S.B. Civil Writ Petition No. 3196/2003, decided on 12.03.2013], the judgment of Punjab and Haryana High Court in Harpal Singh v/s. The State of Haryana & Ors. [C.W.P. No. 4825/2010, decided on 06.09.2012], judgment of the Delhi High Court in Mahabir Prasad v/s. Delhi Transport Corporation [W.P. (C) No. 2216/2014, decided on 23.07.2014], and the judgment of Hon'ble Supreme Court in Baldev Singh v/s. Presiding Officer, Labour Court, Patiala & Anr. [ : AIR 1987 SC 104].;