AI Structured Summary
Not yet generated for this judgment
Judgment
statement to the effect that the petitioner can join duty on 07.09.2018, but he would not press for claim of back wages from the date of termination of service i.e. 31.03.2006 till the date of joining duty, and he will only claim regularization of service as per policy of the State Government as and when framed and he will be entitled for the benefit as per policy of the State Government as and when framed. He submits that on the basis of this very statement, the award was passed, despite that, the claim of the petitioner has not been considered for regularization till date.
At the outset, this Court has put a specific query to learned counsel for the petitioner that in case the award has not been implemented, then why the petitioner has not preferred to file an execution petition till date, to which counsel for the petitioner is unable to satisfy this Court in this regard. Further from the perusal of the statement it is clearly mentioned that the claim of the petitioner will be considered only when the State Government frames any policy. The relevant portion of the award is reproduced hereinunder:-
“When this reference was taken up for evidence of the workman on 09.09 2019. Sh. Sham Lal, workman along with his authorised representative Sh. Ram Jeet has suffered statement to the effect that as per terms of approval given by DPI (College) he had joined duty on 07.09.2018 and as such he does not press his claim for back wages from the date of termination of his services i.e. 31-03-2006 till the date of his joining duty and he only claims for regularization of his services as per policy of state Government as and when framed and he will be entitled to benefit as per policy of the state Government as and when framed.
Sh. B.S Gill, authorized representative of the respondent college has also suffered statement to the effect that the case of the workman shall be examined as per instructions of the DPI (College) Punjab for regularization of the services of the workman and case of the workman shall be sent to the DPI (Colleges) Punjab for regularization of services of the workman as per rules and policy framed by the state of Punjab. However, the workman is not entitled to the relief of back wages from the date of termination till the date of his joining i.e. w.e.f 31.03.2006 till upheld by the Hon'ble High Court and he has already joined duty on 07.09.2018. there is no order as to costs. Costs.”
On the other hand, learned State counsel informs this Court that case of the petitioner for regularization has already been considered by the Director Education Department and vide order 11.03.2020, and his claim has been rejected. However, the rejection order has not been challenged till date. The copy of rejection order has been placed on record as Annexure ‘A’ and has also been supplied to learned counsel for the petitioner.
Thus, this Court is of the view that the present petition is not maintainable only on account of order passed by Industrial Tribunal considering the fact that the statement was only suffered to consider the claim of the petitioner for regularization only when the State Government will frame a policy. However, the petitioner failed to refer to any policy. Therefore, the instant petition fails in this regard.
Secondly the order has already been passed rejecting his claim by the competent authority, the same has not been challenged, therefore, at this stage the petitioner is granted liberty to challenge the order passed by the Director, Education Department dated 11.03.2020.
Disposed of accordingly.
Pending application, if any shall also stand disposed of.