1. Vide the present writ petition, the petitioner employer of respondent no.2 Girdhari Lal has challenged the award dated 19.07.2002 whereby an order for reinstatement of the workman with continuity of service and full back wages from the date of demand notice i.e. 10.05.1988 up to the date of reinstatement at the rate of last drawn salary or minimum wages, whichever is higher, was made.
2. The brief facts of the case are that the respondent no.2 was appointed on the post of Chowkidar on consolidated salary of Rs.350/- for a period of three months vide Office Memorandum No.F (A)/308/83/DTDC/11201 dated 27.09.1983. The respondent no.1 submitted his acceptance and joining report on 07.10.1983. As the vacancies on the post of Chowkidar and Dish Washer continued with the petitioner, the respondent no.2 was again appointed till 31.03.1984 vide order dated 18.01.1984 and then with effect from 02.04.1984 till 30.04.1984 vide office order dated 25.04.1984. Further vide office order dated 31.12.1984, term of ad-hoc appointment which was likely to expire on 31.12.1984 was extended for a further period of 90 days with effect from 02.01.1985 or till such time regular arrangement was made for these posts. Vide office order dated 06.03.1985 the respondent no.2 was offered a fresh appointment letter and subsequently by Office Order dated 29.03.1985 a fresh appointment for a period of 90 days was given to respondent no.2 with effect from 04.04.1985. Services of the workman were terminated on 15.05.1985 vide office order no.F/9/14/85/DTDC/3721. After about three and a half years the respondent no.2 raised an industrial dispute challenging his termination. A reference was made by the appropriate government vide order no.F.24 (4536)/89- Lab.35403-8 dated 30.10.1989 regarding illegality and unjustifiablity of the termination of the services of respondent no.2. Both the parties completed their pleadings. Issues were framed. Evidences were led by both the parties and thereafter the impugned award was passed.