G.P.Mathur, A.K.Yog, JJ. - (1.) Smt. Deepali Bhowmick (respondent No. 3 in this appeal-writ petitioner) filed Civil Misc. Writ Petition No. 46366 of 1999 praying that a writ of mandamus be issued commanding the respondents to absorb her services on the post of typist and pay her salary admissible to regular typist of M/S: Indian Telephone Industries Ltd., Naini. It was further prayed that a writ of mandamus be issued commanding the respondents not to terminate her services by virtue of her contract employment and to pay her salary/wages as and when the same is due with all arrears. Along with the writ petition an application for interim relief was moved wherein a prayer was made that an interim mandamus be issued commanding the respondents to permit her to discharge her duties on the post of typist and to pay her salary/wages in the minimum of the grade admissible to a regular typist of M/s. Indian Telephone Industries Ltd.. Naini. The writ petition was filed in office on 1-11-1999 and on 2-11-1999 the following order was passed : "Learned Counsel for the petitioner has urged that the petitioner was appointed in the year 1993 as typist in the office of respondent. The services of the petitioner has been orally terminated by the respondents, as the petitioner made a request for regularisation of her service. The Apex Court in the case of Secretary, Harayana State Electricity Board v. Suresh and Ors., reported in JT 1999 (2) SC 435, has held that employees, engaged on contract basis to meet out job of perennial nature are entitled for their permanent absorption in the establishment. In this view of the matter, the petitioner is entitled for interim order. Until further order of this Court the respondents are directed to continue the petitioner in service as typist and pay her minimum pay scale which is payable for the post of typist."
(2.) Feeling aggrieved by the aforesaid order the present Special Appeal has been filed by (1) I.T.I. Ltd.. Naini, Allahabad through its Executive Director and (2) General Manager (T & Q), M/s. Indian Telephone Industries Ltd., Naini. Allahabad.
(3.) In order to appreciate the submission made by learned Counsel for the parties it is necessary to notice the parties which have been arrayed as respondents in the writ petition and they are as follows : 1. M/s. Indian Telephone Industries Ltd., Naini. Allahabad through its Executive Director. 2. The General Manager (T & Q), M/s. Indian Telephone Industries Ltd., Naini. Allahabad. 3. The Director (DOT). Office of the Quality Assurance, M/s. Indian Telephone Industries Complex, Naini, Allahabad. 4. The Sub-Divisional Engineer (Q & A). Office of the Director, Quality Assurance. Indian Telephone Industries Complex, Naini. Allahabad.;