BHARAT SANCHAR NIGAM LTD. Vs. DHANAPATI LAHKAR
LAWS(GAU)-2018-3-34
HIGH COURT OF GAUHATI
Decided on March 28,2018

BHARAT SANCHAR NIGAM LTD. Appellant
VERSUS
Dhanapati Lahkar Respondents

JUDGEMENT

MANOJIT BHUYAN, J. - (1.) The four writ petitions i.e. WP(C) 1273/2015, WP(C) 2631/2016, WP(C) 4127/2015 and WP(C) 6522/2016 are directed against the common order dated 08.04.2014 of the Central Administrative Tribunal, Guwahati Bench. WP(C) 1273/2015 arises out of Transfer Application No.62/2009, represented by Mr. D.K. Bagchi, learned counsel for the petitioner Bharat Sanchar Nigam Limited (BSNL). WP(C) 2631/2016 arises out of Transfer Application No.3/2009, represented by Mr. Y. Doloi, learned counsel for the petitioner BSNL, whereas WP(C) 4127/2015 and WP(C) 6522/2016 arises out of Transfer Application No.39/2009 and Original Application No.195/2009, both represented by Mr. R. Thadani, learned counsel for the petitioner BSNL. Mr. G. Goswami, learned counsel appears on behalf of the respondents in the writ petitions above, save and except in WP(C) 1273/2015.
(2.) For reasons below, all the four writ petitions stands allowed by setting aside the common order dated 08.04.2014. The matters stand remanded for de-novo hearing of the aforesaid Transfer Applications and the Original Application.
(3.) All the respondents herein are casual labourers in BSNL claiming benefits as Temporary Status Mazdoor as per the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Department of Telecommunication, 1989 (in short, '1989 Scheme'). The refusal on the part of the authorities to grant the status of Temporary Status gave rise to series of litigations before the Tribunal as well as before this Court. There has been directions of the Tribunal to extend the benefit of the 1989 Scheme in one bunch of O.As as well as direction in another bunch of O.As to the applicants to make individual representations before the concerned authorities, who in turn were directed to scrutinize, examine and consider each of the cases of the applicants claiming Temporary Status. In the absence of any positive results, a number of writ petitions were also filed seeking grant of the status of Temporary Mazdoor. However, the said writ petitions stood transferred to the Tribunal for adjudication. Transfer Applications were duly registered, three of such applications and common order passed thereon are before us today. The said Transfer Applications were dismissed by the Tribunal vide order dated 22.01.2010 on ground that the applicants therein failed to make out any case establishing any illegality, irrationality or mistake on the part of the authorities while considering the claims for Temporary Status. The said order of the Tribunal dated 22.01.2010 was put to challenge before this Court in a bunch of writ petitions, the lead case being WP(C) 2945/2011. By common judgment and order dated 19.03.2012, all the writ petitions were disposed of by setting aside the order dated 22.01.2010, with direction to the Tribunal to decide the respective Transfer Applications and Original Applications in the light of the observation and directions made in the said judgment and order dated 19.03.2012.;


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