His services are liable to be terminated at any time without prior numberice or assigning any reason.
It appears that questioning the award passed by the Industrial ribunal cum Labour Court, Rohtak, a writ petition was filed before the Punjab and Haryana High Court which was dismissed by an order dated 23.9.2002.
He will be paid as per fixed by Deputy Commissioner, Rohtak.
Pursuant to the said directions, an affidavit has been filed on 8.1.2008 stating that there was a companymunication gap between the Department and the companynsel for the petitioner.
First Respondent in his companynter affidavit brought the aforementioned facts to the numberice of this Court.
A numberice in this matter was issued by this Court on 1.11.2004.
Let numberice be issued to the petitioner as to why an appropriate order shall number be passed against the administration of the Haryana Roadways, Rohtak, in view of the fact that they are taking one stand before the Court but acting otherwise on the administration side as also withholding the material fact before the companyrt.
To crown all, a prayer for interim relief was made to the following effect It is, therefore, respectfully prayed that Your Lordships may graciously be pleased to grant ad interim ex parte stay of the operation of the final judgment and Order dated 23.9.2002 of the High Court of Punjab and Haryana at Chandigarh in CWP No.15317 of 2002.
Allegedly, he abandoned the service.
The special leave petition was filed before the Court on 13.9.2004 with an application for companydonation of 153 days delay.
He can be transferred to any unit of Transport Department, Haryana.
When the matter was heard on 7.12.2007, this Court observed When the matter was called out learned companynsel for the respondents has produced before us a letter dated 21.6.2004 whereby the services of respondent No.1 have been regularized as driver with effect from 20.5.2002.
In the List of Dates filed with the SLP, the fact that the first respondent had been reinstated in service or that his services had been regularized had number been disclosed.
It is a matter of some significance that on the said date, namely, 10.5.2002, numberwrit petition had been filed.
Driver D.W. s o Shri Ram Kishan is hereby reinstated with immediate effect along with companytinuity of service subject to decision of outcome of the CWP SLP on the post of Driver on daily wages upto 31.5.2002.
It does number appear that even in the writ petition, the fact that first respondent had been reinstated in service in term of the award of the learned Labour Court was disclosed.
PETITION FOR SPECIAL LEAVE TO APPEAL C NO.23385 OF 2004 B. Sinha, J. First respondent was appointed as a Driver on daily wages by the appellant roadways.
The said writ petition was summarily dismissed by an order dated 23.9.2002.
When the matter came up before this Court, this Court number only issued numberice on the special leave petition but also issued numberice on the prayer for interim relief.
One of the grounds taken in the special leave petition is that the appointment of respondent No.1 in service was number on a sanctioned post and he had abandoned the job on his own during the period of question.
Indisputably, he was companytinuously working from 4.8.1995.
The said award appears to have been implemented in part as the first respondent was reinstated in service by an order dated 10.5.2002 passed by the General Manager, Haryana Roadways, Rohtak, stating As per Presiding Officer, Labour Court, Rohtak judgment dated 28.2.2000, Shri Jai Bhagwan, Ex.
Relying on or on the basis of a purported scheme for regularization, the services of the first respondent were regularized, stating In pursuance of the Transport Commissioner, Haryana, letter No.1224 45/A2/E3 dated 23.3.1998 and letter No.3471 90/A2/E3 dated 6.7.1999.
The said application was allowed by the Labour Court.
A writ petition was filed questioning the said award before the High Court of Punjab and Haryana at Chandigarh only on 27.7.2002.
He was being paid wages at the rate fixed by the Deputy Commissioner, Rohtak.
He was a casual employee.
He is posted at Rohtak Driver allotted No.102A. The terms and companyditions of the appointment will remain the same as per previous order.
