- (1.) Both the civil review petitions are to be heard together since similar issues are the subject matter, as such, both petitions have been heard together and are being disposed of by this common judgment.
(2.) The instant civil review petitions have been filed under the provision of Order XLVII Rule 1 of the Code of Civil Procedure against the judgment dated 05.03.2013 passed by Division Bench of this Court in L.P.A. No.279 of 2012 and L.P.A. No.278 of 2012.
(3.) The factual matrix which require to be referred herein before entering into the merit of the issues are as under: The respondent workmen claimed to be duly appointed in the Jagannath Nagar College, Dhurwa, Ranchi on the post of Store Keeper (Grade-III) and Laboratory Assistant (Grade-IV) respectively under the Department of Physics. One advertisement was published in the daily newspaper, namely, Ranchi Express, on 18.03.1987 inviting applications for appointment in Grade-III and IV. The concerned workmen possessing requisite qualifications to the full satisfaction of the college authorities had applied for the post of Store Keeper and Laboratory Boy. The Deputy Registrar, Ranchi University had issued a letter on 15.01.1988 to the concerned workmen to appear before the Interview Board on 29.01.1988 along with their certificates and documents for verification. The workmen had participated in the process of selection and had been offered with the offer of appointment and in consequence thereof they have been regularized in their services but they were not paid salary and hence, they have approached to this Court by filing writ petition being C.W.J.C. No.764 of 1991 (R) for release of their salary which were due since the Month of May, 1990 as also the current salary. In the writ petition, counter affidavit was filed by the college stating the ground therein that they have been stopped from discharging their duty and in that view of the matter, the writ petition was dismissed as withdrawn with some observation vide order dated 02.07.1991. Both the concerned workmen had requested the Principal of the College to pay their salary and reinstate them in services but no positive direction was passed and hence, a dispute was raised before the appropriate Government which ultimately has been referred for its adjudication in exercise of power conferred under Section 10(d) of the Industrial Disputes Act by making reference as to whether the termination of services of Shri Krishna Rai Laboratory Boy and Shri Ramesh Chandra Mishra Store Keeper Jagarnath College, Dhurwa is proper? If not whether they should be reinstated on work and should be given compensation? ;