JUDGEMENT
Raghuvendra S. Rathore, J. -
(1.) This writ petition is directed against the award dated 09.09.1998 passed by the learned Labour Court No. 1, Jaipur, in LCR No. 61/1996. The petitioner has prayed that the said award be quashed and set aside and the termination of petitioner's services be held to be illegal and void. It has also been prayed that the respondents be directed to reinstall the petitioner with all consequential benefits. The petitioner was initially appointed on the post of Stenographer on 01.02.1991 for which an order was passed on 12.04.1991. The petitioner was appointed on daily wages basis at the rate of Rs. 30/ - per day and was asked to discharge his duties at the office of the Director. Local Bodies, Jaipur (Annexure -1). Before the appointment of the petitioner, the Department of Local Bodies has conducted a test which the petitioner had passed. The appointment of the petitioner was against a sanctioned post which was available in the Municipal Council, Hanumangarh.
(2.) The services of the petitioner were extended from time to time by the Director. Local bodies and he was paid salary from the account of Municipal Council, Hanumangarh. The petitioner was a regular employee. His attendance sheet was being maintained in the office of Director and thereafter sent to the office of Commissioner. Municipal Council, Hanumangarh (Respondent No. 3).
(3.) As in the case of petitioner, there were several other persons, namely Raj Kumar Pareek. Anil Gaur and others, who had been appointed, after adopting a similar procedure as in the case of the petitioner. The petitioner has discharged his duty from 01.02.1991 to 24.06.1992 and he had availed the salary upto 31.05.1992. Thereafter, the services of the petitioner were orally terminated w.e.f. 24.06.1992. Being aggrieved of the order of termination, the petitioner raised an industrial dispute before the Conciliation Officer. The Conciliation Officer had submitted a failure report and therefore, the dispute was referred by the State Government for adjudication to the learned Judge. Labour Court (respondent No. 1). The reference made by the State Government reads as under: -
In other words, the terms of reference were that as to whether the termination of the petitioner's services by the Director. Local Bodies and the Municipal Council, Hanumangarh was justified or not and as to what relief the petitioner was entitled to.;
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