RAKESH TIWARI, J. - (1.) HEARD the Counsel for the parties.
(2.) THE claim of the petitioner is that he was given a temporary appointment on 10 -2 -84 on the post of Caretaker on a monthly salary of Rs. 500/ -in the field hostel of the Anpara Thermal Project and since then he has been working on the said post. It is alleged by him that the pay scale of caretaker has been fixed by the Board by its order dated 30 -6 -1987 in pay scale of Rs. 490 -750, therefore, he is entitled for the same. It is further alleged that since he has worked for more than 7 years and as such he should be regularized in service. The petitioner contends that the respondents have been depriving him of the status of a regular/permanent employees and have been keeping him as a temporary/ casual employee, which is against the provisions of Sections 25 -T and 25 -U of the Industrial Disputes Act, 1947.
(3.) IN the counter -affidavit the respondents have submitted that hundred of contractors are engaged against various work contracts in respect of construction and operation and maintenance of the Anpara Thermal Project. It is submitted that the petitioner was an employee of the contractor who had executed certain work -contracts at the Anpara Thermal Project and there is a ban on fresh recruitment. It is denied that the Board has ever given any appointment to the petitioner or he was an employee of the Board. Copy of the agreement dated 28 -4 -88 has also been annexed as Annexure 1 to the counter -affidavit. The Counsel for the respondents has placed reliance on 19 -B of the General Conditions of Contract, which provides that the contractor shall pay to his labourers a fair wage. In para 10 of the counter -affidavit it has been denied that Sections 25 -T and 25 -U of the Industrial Disputes Act, 1947 are attracted. It is alleged that the petitioner was an employee of one Mahendra Prasad Singh, contractor who was given contracts of various types of works for a specified period. On the question of alternate remedy it is stated that the writ petitioner should not be relegated after it years.;