- (1.) Heard Sri Ranjit Saxena, learned counsel for the petitioner, Sri Jamal Khan, learned counsel for respondent nos. 2 and 3 and Ms Suman Sirohi, learned Standing Counsel for respondent no.1.
(2.) Briefly stated the facts of the present case are that Vikram Singh, respondent no.1 was appointed by the petitioner corporation on the post of Chowkidar/Security-guard and he was working since 16.3.1990. It is alleged that without giving any notice or prior intimation and without any charges he was ousted from service on 26.3.1994. Thereupon, the respondent no.1 sent a legal notice dated 2.4.1994 through his counsel stating therein that substantive vacancy is available in the Corporation and since, he has completed 240 days uninterrupted service and therefore, the respondent no.1 is entitled to be regularised.
(3.) Petitioner sent a reply dated 19.4.1994 denying the allegations of the notice and stated that the security purposes, the services of one M/s Shreshtha Shanti Suraksha Bal, New Agra, as required from time to time was taken and they sent a security-guard, i.e., respondent no.1, and in lieu of the services rendered by the security agency, payment was made by the Corporation to the said security agency. The respondent no.1 raised industrial dispute. In support of the allegation, the respondent no.1 filed documents, namely, letter dated 11.4.1992 sent by the Regional Manager, Agra to the District Magistrate, Agra, requesting him to issue arm licnece to the respondent no.1 for his self defence, as he performs night duty as a security guard in the office of the Corporation. The respondent no.1 has also filed copy of the office order dated 8.6.1993 as evidence, which was issued by the Assistant Manager (Technical) directing them to perform duties from 9.6.1993 to 11.6.1993.;