- (1.) Heard learned counsel for the parties.
(2.) These appeals have been preferred by Jagannath Nagar College, Dhurwa, against the common judgment dated 14th May, 2012, rendered in CWJC Nos. 1258/1999R and 457/2000R by which two writ petitions of the workmen have been allowed by the learned Single Judge with the relief of reinstatment with the benefit as awarded by the Labour Court.
(3.) The brief facts of these cases are that Jagannath Nagar College, Dhurwa, was affiliated to the Ranchi University and it became a constituent college of the Ranchi University with effect from 26th November, 1980. The writ petitionersrespondents, Ramesh Chandra Mishra and Sri Krishna Rai, were the employees of the said college and according to the petitioners, they were employees of the said college on the post of Store Keeper (Grade - III) and Laboratory Boy (Grade - IV) since 1982 and in the year 1987, in response to the advertisement published in the newspaper dated 18th March, 1987 issued by the Registrar, Ranchi University, the petitioners applied for regularization on the posts which were the posts of Store Keeper and Laboratory Boy in Grade III and Grade IV of the employment in the University and they were invited for interview etc. and ultimately the order of regularization was passed in favour of the writ petitioners. It is the case of the University that subsequently it came to the notice of the University that some wrong persons got regularization of their service and therefore, the University issued office order (Annexure - 4) dated 2 nd December, 1990, providing that no work be taken from class - III and IV employees who were not paid wages on or before 30th November, 1988 through individual bank account or cheque drawn from the concerned bank of the college/department/P.G.centre/University. It was also declared that the persons, who have no evidence of payment of their salary/wages through individual bank account/cheque on or before 30th November, 1988 and whose service have even been regularized, will not be treated to be the employees of the University as their appointment have been made or regularized in violation of the provisions of the Bihar State Universities Act, 1976. The said order of the University was duly approved by the Chancellor, vide communication dated 23rd December, 1990 (Annexure - 5) and details of the employees, who were on the roll and have been paid wages by cheque, were also called by the University. The college gave the list (Annexure - 7) to the University, wherein the names of these petitioners were not there and therefore, their appointment was found to be in violation of section 35 of the Bihar State Universities Act, 1976. The petitioners, finding this situation, approached Patna High Court, Ranchi Bench, by filing CWJC No.764/1991R and the said writ petition was disposed of, vide order dated 2.7.1991, with the observation that there is a dispute whether the petitioners were appointed by the competent authority and there is also dispute whether the petitioners had worked for the period for which they were claiming their salary and this fact can be established on the basis of evidence and therefore, the Division Bench of Patna High Court, Ranchi Bench, refused to give any relief to the petitioners. Finding this situation, the petitioners withdrew CWJC No.764/1991R and thereafter industrial dispute was raised. The dispute referred to the Labour Court, Ranchi, is as under: "Whether the termination of services of Shri Krishna Roy Laboratory Boy and Shri Ramesh Chandra Mishra Store Keeper Jagarnath college Dhurwa, Ranchi is proper? If not whether they should be reinstated on work or/and should be given compensation?" 3. Learned Labour Court held that the petitioners were illegally regularized as the posts in question were not sanctioned posts and therefore, the petitioners were not entitled to reinstatement. Learned Labour Court thereafter found that there is violation of section 25F and therefore, held the petitioners to be entitled to their wages, notice pay and retrenchment compensation. The said relief was granted only to one of the workmen, Ramesh Chandra Mishra, and another workman, Sri Krishna Roy, was denied of the said relief on the ground that he himself did not appear in the Labour Court in the witness box. The petitioners aggrieved against a part of the award dated 20th July, 1998 preferred writ petitions being CWJC Nos.1258/1999R and 457/2000R, which were decided by a common judgment dated 14th May, 2012, which is impugned before us.;