R.M. Lodha, J. - (1.) Delay condoned in SLP (Civil) No. 18031 of 2009. Leave granted in both petitions.
(2.) The Appellants have preferred these two appeals, by special leave, because consequent upon the judgment and order passed by the High Court of Orissa at Cuttack, they are likely to lose their job of more than 14 years with the Mahanadi Coalfields Limited (for short, Rs. MCL).
(3.) MCL is a Government of India undertaking. By the end of 1993, 38 vacancies of Mazdoors, Category-I (I.T.I.) had occurred in the MCL. MCL sent a requisition to the local employment exchange for sending a list of eligible candidates for filling up the said vacancies. The local employment exchange, in response to that requisition, sponsored 664 candidates. Out of these 664 candidates, 375 candidates submitted their biodata. After scrutiny of the biodata of these candidates, MCL called 316 candidates for the written test. Pursuant thereto, 289 candidates appeared for the same on October 29, 1995. They were also called for trade test in different batches during the period December 26, 1995 to January 5, 1996. Finally, 240 candidates secured qualifying marks. There is a dispute of fact about merit list as according to the contesting private Respondents (writ Petitioners before High Court), a merit list comprising 226 I.T.I. candidates was prepared by the MCL as they were found suitable in all respects, but MCL denies having prepared a merit list of 226 candidates for employment. However, it is an admitted position that, of the candidates who secured qualifying marks, 24 were given appointment as Mazdoor Category-I (I.T.I.). 14 vacancies -5 vacancies in the trade of Auto Electrician and 9 vacancies in Scheduled Caste/ Scheduled Tribe category - could not be filled up due to non-availability of the candidates. Subsequently, it appears that fresh 84 vacancies of Mazdoor Category-I (I.T.I.) occurred and MCL requested the local employment exchange for their permission to fill up fresh vacancies from amongst the candidates who had qualified in the written test and the trade test conducted as above. There was no response from the local employment exchange to that requisition and, accordingly, MCL filled up 51 vacancies out of 84 fresh vacancies by giving employment to those candidates who had already undergone the apprenticeship with them in the year 1991-92. The present Appellants are amongst those candidates.;