MUNICIPAL COUNCIL SAMRALA Vs. RAJ KUMAR
LAWS(SC)-2006-1-53
SUPREME COURT OF INDIA
Decided on January 06,2006

MUNICIPAL COUNCIL, SAMRALA Appellant
VERSUS
RAJ KUMAR Respondents


Cited Judgements :-

DIRECTOR MAHARAJ AGARSEN MEDICAL RESEARCH AND EDUCATION SOCIETY VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, HISAR [LAWS(P&H)-2007-11-184] [REFERRED]
EXECUTIVE ENGINEER, HARYANA STATE AGRICULTURE MARKETING BOARD, PANIPAT VS. RAVINDER SINGH KADYAN [LAWS(P&H)-2007-12-171] [REFERRED]
CHIEF ENGINEER, RSD, IRRIGATION WORKS AND ANOTHER VS. SURESH KUMAR AND ANOTHER [LAWS(P&H)-2008-10-144] [REFERRED]
REGIONAL ENGINEERING, COLLEGE, NOW NATIONAL INSTITUTE OF TECHNOLOGY (DEEMED UNIVERSITY), KURUKSHETRA VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2007-9-210] [REFERRED]
DIRECTOR, CENTRAL SHEEP BREEDING FARM, HISAR VS. PRESIDENT, DISTRICT AGRICULTURE WORKERS UNION, HISAR AND ANOTHER [LAWS(P&H)-2008-4-219] [REFERRED]
SUPERINTENDING ENGINEER, P.W.D., B AND R VS. SURENDER AND ANR. [LAWS(P&H)-2008-9-175] [REFERRED TO]
TATA INTERNATIONAL LTD. VS. SANGEETA AKODIA LRS. RAJKUNWARBAI [LAWS(MPH)-2020-1-16] [REFERRED TO]
BHAVNAGAR DIST PANCHAYAT AND ORS VS. NAVINBHAI BABUBHAI ZAVERI [LAWS(GJH)-2012-7-627] [REFERRED TO]
STATE OF HARYANA VS. HARI PAL AND ANOTHER [LAWS(P&H)-2013-8-1232] [REFERRED]
ASHOK KUMAR VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2015-9-730] [REFERRED]
MANDEEP VS. STATE OF HARYANA [LAWS(P&H)-2021-11-210] [REFERRED TO]
ASSISTANT GENERAL MANAGER VS. SHRI JAGJIWAN LAL PATEL [LAWS(MPH)-2017-2-235] [REFERRED TO]
HPTDC VS. NARINDER KUMAR [LAWS(HPH)-2019-3-50] [REFERRED TO]
STATE OF RAJASTHAN VS. SARJEET SINGH [LAWS(SC)-2006-10-50] [REFERRED TO]
BALBIR SINGH VS. PRESIDING OFFICER, LABOUR COURT, LUDHIANA [LAWS(P&H)-2007-8-235] [REFERRED]
STATE OF HARYANA VS. NEEL KANTH [LAWS(P&H)-2007-10-172] [REFERRED]
MANAGEMENT OF GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY VS. LOKESH KUMAR [LAWS(DLH)-2022-9-186] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. SUNDARI [LAWS(DLH)-2014-3-235] [REFERRED TO]
MANAGEMENT OF MANGALORE CHEMICALS AND FERTILIZERS LTD VS. BHUJANGA [LAWS(KAR)-2008-11-12] [REFERRED TO]
SHIV BAHADUR VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(P&H)-2014-1-302] [REFERRED TO]
THE GURGAON CENTRAL COOPERATIVE BANK LTD. AND ANOTHER VS. PRESIDING OFFICER AND ANOTHER [LAWS(P&H)-2013-7-376] [REFERRED TO]
ARJAN SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2014-9-460] [REFERRED]
DIVISIONAL FOREST OFFICER VS. SARBATI AND ANR. [LAWS(P&H)-2007-12-130] [REFERRED TO]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL CUM LABOUR COURT, GURGAON [LAWS(P&H)-2007-12-189] [REFERRED]
DEPUTY COMMISSIONER, MUKTSAR VS. PRESIDING OFFICER, LABOUR COURT, BATHINDA [LAWS(P&H)-2007-9-194] [REFERRED]
BAJAJ AUTO LTD. AND ORS. VS. SHRIKANT VINAYAK YOGI AND ORS. [LAWS(BOM)-2015-5-123] [REFERRED TO]
SATPAL VS. THE PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANOTHER [LAWS(P&H)-2012-5-628] [REFERRED TO]
MANAGEMENT OF DIVISIONAL ENGINEER TELECOMMUNICATIONS VS. VENKATAIAH SAYANNA [LAWS(APH)-2006-7-25] [REFERRED TO]
SHANKAR BHIMRAO KADAM VS. TATA MOTORS LIMITED [LAWS(BOM)-2022-2-144] [REFERRED TO]
GOVERNMENT COLLEGE SECTOR 1 LABOUR COURT AMBALA VS. PRESIDING OFFICER LABOUR COURT [LAWS(P&H)-2008-9-11] [REFERRED TO]
DIRECTOR VS. RAGHBIR SINGH [LAWS(P&H)-2008-4-157] [REFERRED]
DIRECTOR VS. SURINDER KUMAR [LAWS(P&H)-2008-4-172] [REFERRED]
DIVISIONAL FOREST OFFICER VS. MANGAT RAM & ANOTHER [LAWS(P&H)-2008-11-180] [REFERRED]
NARESH KUMAR VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATIALA & OTHERS [LAWS(P&H)-2014-9-285] [REFERRED]
VICE CHANCELLOR, KURUKSHETRA AND ORS. VS. RAJ RANI AND ORS. [LAWS(P&H)-2015-10-194] [REFERRED TO]
CHIEF EXECUTIVE OFFICER MEWAT DEVELOPMENT AGENCY VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT 1 HARYANA [LAWS(P&H)-2014-1-54] [REFERRED TO]
VIJAY KUMAR VS. INDUSTRIAL TRIBUNAL [LAWS(P&H)-2014-5-276] [REFERRED TO]
PRITAM SINGH VS. CANCER HOSPITAL AND RESEARCH INSTITUTE [LAWS(MPH)-2008-7-66] [REFERRED TO]
MAHILA SAMAKHYA KARNATAKA VS. SHOBHA [LAWS(KAR)-2007-4-32] [REFERRED TO]
CHIEF EXECUTIVE (AUTHORITY) VS. KANJI LAXMAN CHAUHAN [LAWS(GJH)-2019-8-182] [REFERRED TO]
C.M. SURESH AND SRI D.R. SATISH VS. MANAGING DIRECTOR, BESCOM [LAWS(KAR)-2013-8-88] [REFERRED TO]
MUNICIPAL COUNCIL SAMRALA VS. SUKHWINDER KAUR [LAWS(SC)-2006-8-34] [REFERRED TO]
MEHAM CO OPERATIVE SUGAR MILL LTD VS. PRESIDING OFFICER [LAWS(P&H)-2008-9-14] [REFERRED TO]
STATE OF HARYANA VS. BHAGWATI WIDOW OF LAL CHAND [LAWS(P&H)-2007-10-181] [REFERRED]
EXECUTIVE ENGINEER H U D A VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(P&H)-2007-7-4] [REFERRED TO]
MAHESH KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2008-4-175] [REFERRED]
DIVISIONAL FOREST OFFICER AND ANOTHER VS. CHAMAN AND ANOTHER [LAWS(P&H)-2008-11-177] [REFERRED]
EXECUTIVE ENGINEER, PWD (B&R) ROHTAK VS. KARAMBIR SINGH AND ANOTHER [LAWS(P&H)-2008-10-171] [REFERRED]
M/S. ROHINI S. KURGHODE VS. M/S. E. MERCK (I) LIMITED [LAWS(BOM)-2016-10-73] [REFERRED TO]
INDIAN INSTITUTE OF TECHNOLOGY VS. STATE OF U P [LAWS(ALL)-2006-8-282] [REFERRED TO]
MANAGEMENT OF DELHI FINANCIAL CORPORATION VS. P O LABOUR COURT [LAWS(DLH)-2013-1-373] [REFERRED TO]
HARI NIWAS VS. PRESIDING OFFICER [LAWS(P&H)-2014-2-253] [REFERRED TO]
MANAGEMENT OF LODNA COLLIERY OF M/S. BHARAT COKING COAL LTD VS. THE PRESIDING OFFICER, CENTRAL GOVT, INDUSTRIAL TRIBUNAL. [LAWS(JHAR)-2007-5-75] [REFERRED TO]
KANWAR PAL VS. PRESIDENT, INDUSTRIAL TRIBUNAL [LAWS(P&H)-2007-10-170] [REFERRED]
HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION FEDERATION LTD , PANCHKULA (HAFED) VS. PRESIDING OFFICER [LAWS(P&H)-2007-10-202] [REFERRED]
PRITI PAL VS. PRESIDING OFFICER AND OTHERS [LAWS(P&H)-2008-1-288] [REFERRED]
STATE OF HARYANA , EXECUTIVE ENGINEER VS. ISHWAR SINGH AND ANOTHER [LAWS(P&H)-2008-4-187] [REFERRED]
EXECUTIVE ENGINEER VS. PRESIDING OFFICER LABOUR COURT [LAWS(P&H)-2008-9-12] [REFERRED TO]
BHOGPUR CO OP SUGAR MILLS LTD VS. HARMESH KUMAR [LAWS(SC)-2006-11-178] [RELITED ON]
ANOOP SHARMA VS. EXECUTIVE ENGINEER PUBLIC HEALTH DIVISION [LAWS(SC)-2010-4-48] [REFERRED TO]
DIRECTOR, PRIMARY EDUCATION, HARYANA VS. SURESH KUMAR [LAWS(P&H)-2014-5-18] [REFERRED TO]
GUJARAT AGRO INDUSTRIES CORPORATION LTD VS. RAMNIKLAL TALSIBHAI SITAPARA [LAWS(GJH)-2016-6-460] [REFERRED TO]
JITENDER KUMAR VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, GURGAON [LAWS(P&H)-2014-4-120] [REFERRED TO]
Municipal Council, Samrala VS. Sukhwindar Kaur [LAWS(MPH)-2006-8-87] [REFERRED TO]
AJAY GOSWAMI VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2007-9-193] [REFERRED]
DIVISIONL FOREST OFFICER VS. JAGAT SINGH [LAWS(P&H)-2008-11-9] [REFERRED TO]
ZONAL MANAGER, PUNJAB AND SIND BANK VS. RAJ KUMAR [LAWS(P&H)-2007-10-180] [REFERRED]
ASHOK KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2007-12-166] [REFERRED]
CIPLA LTD VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-7-163] [REFERRED TO]
EMPLOYER IN RELATION TO THE MANAGEMENT OF CENTRAL MINE PLANNING AND DESIGN INSTITUTED LTD. VS. UNION OF INDIA (UOI) AND ANR. [LAWS(JHAR)-2011-8-100] [REFERRED TO]
EMCMPD INSTITUTE LTD., RANCHI VS. UNION OF INDIA [LAWS(JHAR)-2011-8-11] [REFERRED TO]
RAMJAS COLLEGE VS. PRESIDING OFFICER [LAWS(DLH)-2007-2-22] [REFERRED TO]
NASHIK WORKERS UNION VS. HINDUSTAN AERONAUTICS LIMITED [LAWS(BOM)-2018-10-74] [REFERRED TO]
Bhujanga S/o Krishna Shetty and others VS. The Management of Mangalore Chemicals and Fertilizers Ltd. represented by its Company Secretary [LAWS(KAR)-2008-11-80] [REFERRED TO]
BHAVNAGAR MUNICIPAL CORPORATION VS. PARESH RASIKBHAI DODIYA [LAWS(GJH)-2021-7-280] [REFERRED TO]
BASTI RAM VS. INDUSTRIAL TRIBUNA [LAWS(P&H)-2014-1-565] [REFERRED TO]
CHALTI VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, PANIPAT [LAWS(P&H)-2007-10-174] [REFERRED]
HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR, COURT GURGAON [LAWS(P&H)-2007-11-183] [REFERRED]
EXECUTIVE ENGINEER, T.R.W. WORKSHOP VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2008-10-87] [REFERRED TO]
EMPLOYEERS IN RELATION TO MANAGEMENT OF LODNA COLLIERY VS. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL [LAWS(JHAR)-2007-5-3] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)The respondent herein was an employee of the appellant. On or about 12.07.1994, an agenda of a meeting was placed before the Municipal Executive Council being Agenda No. 143, which is in the following terms:
"As per the guidelines of the Government, the Municipal Council had required a clerk on contract basis immediately as in the octroi branch, one post is vacant and two employees are already on leave: for the engagement of Shri Raj Kumar s/o Shri Nathu Ram r/o Samrala who had already worked under the Municipal Council @ Rs 1000 p.m., till it deems necessary."

(3.)The said proposal came to be accepted by the Executive Council. Pursuant thereto the respondent herein was appointed as a clerk on contract basis on a monthly salary of Rs. 1000. In the offer of appointment it was specifically averred that "his services will be availed till it is considered as fit and proper and necessary. After that his services will be dispensed with".


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