Sangeet Lodha, J. - (1.) By way of this writ petition, the petitioner is seeking directions to the respondents to regularise his services on the post of Chowkidar and grant him semi permanent and permanent status while counting his services from the date of his initial appointment.
(2.) The petitioner was appointed on daily wages basis by the second respondent on 17.5.83, however, his services were brought to an end w.e.f. 5.11.85. The petitioner raised the dispute before the Conciliation Officer. The parties arrived at the settlement in terms that the petitioner shall be taken back on duty w.e.f. 5.11.85 and he will be treated to be in continuous service. Pursuant to the settlement, the petitioner joined duties on 16.1.86. The petitioner was transferred from Jodhpur to Sirohi where he joined duties under protest. The petitioner made a complaint before the Conciliation Officer stating that his transfer is actuated by malice. On the dispute being raised as aforesaid, the respondent again terminated services of the petitioner by an oral order w.e.f. 26.6.86. Aggrieved by termination of services, the petitioner raised an industrial dispute before the Conciliation Officer, however, there being dispute regarding the jurisdiction of the Conciliation Officer, the dispute raised was not taken up for consideration. In these circumstances, the petitioner preferred a writ petition being No.3524/90 before this court wherein it was decided that the petitioner shall raise his dispute before the Conciliation Officer, Sirohi. The Conciliation Officer, Sirohi did not register the dispute raised for a long, however, ultimately, on 11.1.99, the dispute was registered and on failure of conciliation proceedings, the failure report was submitted to the appropriate Government on 4.10.01, which in its turn referred the dispute for adjudication to Labour Court, Jodhpur.
(3.) The termination of the petitioner's services was found to be illegal by the Labour Court and accordingly, vide award dated 10.11.11, the petitioner was directed to be reinstated with continuity of service and 20% back wages.;