RAMESH CHANDRA MISHRA @ RAMESH KUMAR MISHRA Vs. PRESIDING OFFICER LABOUR COURT RANCHI
LAWS(JHAR)-2012-5-104
HIGH COURT OF JHARKHAND
Decided on May 14,2012

Ramesh Chandra Mishra @ Ramesh Kumar Mishra Appellant
VERSUS
Presiding Officer Labour Court Ranchi Respondents

JUDGEMENT

- (1.) The petitioners of both the above writ petitions are aggrieved by the award dated 20.7.1998 rendered by the Presiding Officer, Labour Court, Ranchi in Reference Case No. 15/1993.
(2.) The petitioner Ramesh Chandra Mishra [C.W.J.C No.1258/1999(R)] is aggrieved by a part of the award, whereas the petitioner Krishna Rai [C.W.J.C No. 457/2000(R)] is aggrieved by the entire award.
(3.) The brief facts giving rise to the above case are as follows: (i) The petitioners Ramesh Chandra Mishra and Krishna Roy were appointed as Store Keeper (Grade-III) and Laboratory Boy (Grade-IV) respectively in the Department of Physics, Jagarnath College, Dhurwa in the year 1982. (ii) The said college is a constituent unit of Ranchi University. (iii) In the year 1987, an advertisement was published in the newspaper "Ranchi Express" in its edition dated 18.3.1987 under the signature of the Registrar, Ranchi University dated 13.3.1987, whereby the applications were invited for appointment / preparation of panel in Grade-III and Grade-IV for several constituent colleges of Ranchi University including Jagarnath Nagar College, Dhurwa, Ranchi (Annexure-1). (iv) The petitioners, who possessed requisite qualification and were working regularly to the full satisfaction of the college authorities, applied for their appointments on the post of Store Keeper and Laboratory Boy. (v) The Deputy Registrar, Ranchi University issued letter dated 15.1.1988 asking the petitioners to appear before the Interview Board along with the service testimonials, domicile certificate etc. in original in Marwari College, Ranchi on 29.1.1988 (Annexure-2). (vi) Pursuant to the letter of the Deputy Registrar, Ranchi University dated 15.1.1988, the petitioners appeared before the Interview Board consisting of the then Vice Chancellor, Registrar, other officers and two experts, namely, Sri Indu Dhan and Sri Bahura Eeka besides some other members. (vii) By Letter No ARU/V.C/4268-69 dated 6.5.1990, the Registrar, Ranchi University informed the Principal of J. N. College, Dhurwa regarding selection / regularization of the services of the petitioners (Annexure-3). (viii) On receiving the said letter from the Registrar of the Ranchi University, the Principal, J. N. College, Dhurwa issued the letter dated 29.5.1990 to the petitioners communicating regularization of their services with immediate effect by the Vice Chancellor of the Ranchi University (Annexure-4). (ix) After the said regularization, the petitioners became the regular and permanent employees of the J. N. College, Dhurwa. (x) However, full salary was not paid to the petitioners and as such they filed representation before the Principal, J. N. College, Dhurwa on 7.12.1990. (xi) The Principal of the said college forwarded the petitioners' representation for further needful, but the salaries were not paid to the petitioners on the plea that the fund was not made available by the University. (xii) The petitioners then filed writ petition being C.W.J.C No. 764/1991 before the Patna High Court, Ranchi Bench, (as then was) which was disposed of with a direction on the University to make payment of the petitioners' salary which was due since May 1990.;


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