CHIEF COMMISSIONER OF INCOM TAX Vs. LEENA JAIN
LAWS(SC)-2006-11-177
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on November 20,2006

CHIEF COMMISSIONER OF INCOME-TAX, BHOPAL Appellant
VERSUS
LEENA JAIN Respondents


Referred Judgements :-

SECRETARY STATE OF KARNATAKA VS. UMADEVI [REFERRED TO]



Cited Judgements :-

ARUNABEN ATMARAM DUDHREJIYA VS. UNION OF INDIA [LAWS(GJH)-2007-1-17] [REFERRED TO]
HARI SHOOR VS. STATE OF J&K [LAWS(J&K)-2012-11-20] [REFERRED TO]
PUNJAB WATER SUPPLY AND SEWERAGE BOARD VS. RANJODH SINGH [LAWS(SC)-2006-12-23] [REFERRED TO]
CHIEF COMMISSIONER OF INCOME TAX VS. SUSHEELA PRASAD [LAWS(SC)-2007-11-57] [REFERRED TO]
PURUSHOTTAM K VANKAR VS. STATE OF GUJARAT [LAWS(GJH)-2008-2-305] [REFERRED TO]
TALESHKUMAR MAGANBHAI PATEL AND ORS. VS. AHMEDABAD MUNICIPAL CORPORATION AND ORS. [LAWS(GJH)-2015-6-123] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Challenge in this appeal is to the order passed by a Division Bench of the Madhya Pradesh High Court at Jabalpur in Writ Petition No. 1974 of 1998. Appellants had challenged the composite order dated 13.11.1997 passed in OA No. 691 of 1995 and O.A. No. 89 of 1996 passed by the Central Administrative Tribunal, Jabalpur Bench, at Jabalpur (in short the CAT). The respondents moved the CAT under Section 19 of the Administrative Tribunals Act, 1985 (in short the Act) seeking regularization of their services.
2-A. Stand of the respondents before the CAT was that they have been performing their duties as Data Entry Operators on contract basis and were being paid at a rate of Rs.10 per hour up to the maximum of Rs. 50 per day. Since they have been working since a long period they sought for regularization placing reliance on the factum of long rendition of service.

(3.)In response, present appellants contended that the respondents were not departmental employees and their grievances cannot be agitated before the CAT. Placing reliance on some other decisions by the CAT, the stand of the present appellants was turned down and direction was given for considering the cases of appointment on regular basis.


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