In this Constitutional petition legality of order dated 8-4-1996 passed by the Full Benchof the N.I.R.C.
Through which the appeal filed by respondent No.2 against order dated 26-5-1994 passed by the Chairman, N.I.R.C. As Single Bench was accepted and the said order set aside, has been challenged.
2. The petitioner filed a petition before the N.I.R.C. Which was fixed before the Chairman as Single Member. The application of the petitioner for interim order was disposed of by order dated 26-5- 1994 finally as it was directed that further proceedings in the show-cause notice issued by respondent No.2 to the petitioner shall remain stayed till disposal of the main petition. Against this order respondent No.2 filed appeal before the Full Bench of N.I.R.C. In which an interim order was passed on 1-1-1995. The petitioner appeared in the said appeal and filed an application somewhere in 1994 in which he pointed out that his address as given in the title of appeal was wrong. In-between 1-1-1995 to 8-4-1996 it appears that the Full Bench of N.I.R.C. Could not be constituted and no proceedings were taken. However, on 26-3-1996 a notice was issued to the parties for appearance before the Full Bench for further proceedings to take place on 8-4-1996.
This notice was issued to the petitioner on the same wrong address as given by respondent No.2 in the title of appeal and not the correct address given by the petitioner through the said application as aforementioned, therefore, he could not be served and the appeal was heard ex parte and accepted through order dated 8-4-1996 and the said order of Chairman dated 26-5-1994 was set aside after which the respondent No.2 further proceeded in the matter and passed order for termination of services of the petitioner on 11-4-1996.
3. In view of the above facts it is clear that the petitioner was condemned unheard as he was not served in the appeal on account of the fault of respondent No.2 who did not make any correction in the title of the appeal as regards the address of the petitioner. It was not only against express provisions of law but also principles of natural justice.
4. The argument of learned counsel for petitioner that the appeal before the Full Bench filed by respondent No.2 being against interlocutory order of the Single Bench was not maintainable is not correct as the learned Single Bench (Chairman) through order dated 26-5-1994 finally disposed of the application of the petitioner for interim order during pendency of his complaint/grievance petition, therefore, so far as disposal of the said application was concerned it was final order.
5. The order dated 8-4-1996 of the Full Bench, however, is not sustainable as the petitioner was condemned unheard which is liable to be I quashed .On that short ground alongwith the order dated 11-4-1996 which is the superstructure based on the said order.
6. This writ petition is accepted, order dated 8-4-1996 passed by the Full Bench of N.I.R.C. Is hereby declared to have been passed without lawful authority and of no legal effect and quashed. As a consequence of this order dated 11-4-1996 through which the petitioner was removed from service is also quashed.
7. As a consequence of this the appeal filed by respondent No.2 before the Full Bench of N.I.R.C.
Against order dated 26-4-1996 of the Member (Chairman) shall be deemed to be pending. The petitioner and respondent No.2 are hereby directed to appear before the Full Bench of N.I.R.C. On 3- 6-1996 which shall decide the said appeal within one month therefrom.
8. Needless to say that in the result the petitioner shall be deemed to be still in service and even if respondent No.2 does not want him to perform any duty, he shall be paid his wages as he would have been paid by performing duty and allow him to drop and collect his children from school situated in the premises and also to approach the Post Office, Fair Price Shop and Medical Centre etc. Etc. In the residential colony where the petitioner shall also be allowed to go as an employee of respondent No.2 on duty.
9. There will be no order as to costs.