Rakesh Tiwari - (1.) HEARD Sri Vivek Ratan, counsel for the petitioner ; Sri S. D. Pandey, counsel for the respondent ; and perused the record.
(2.) COUNTER and rejoinder-affidavits have been exchanged. The counsel for the parties pray that the petition may be decided finally and they are prepared to argue the case, hence the petition is being decided at the stage of admission itself. The petitioner has challenged the impugned award dated 31.10.2002, passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Lucknow, respondent No. 2 (hereinafter referred to as the C.G.I.T.). The petitioner is a limited company incorporated under the Companies Act, 1956 having its registered office at Palika Bhavan, Sector XIII, R. K. Puram, New Delhi. It is a company under the administrative control of the Ministry of Railways (Railway Board) carrying on business in construction activities of Railways in India and abroad on commercial basis. Apart from having their regular establishment the Company also employs work-charge employees at the construction site in the projects.
(3.) IT appears that respondent No. 1 applied for appointment in Accounts Section of the regular establishment strength in the Company. The Director Finance Sri R. C. Barua interviewed him and recommended for his appointment in Accounts Section vide letter dated 27.2.1987 as under : "D.O. No. DF/ Dated 27th February, IRCON/A/cs 1987 My dear Challa, I am sending herewith an application of Mr. Baikunth Nath Dubey for appointment in A/cs. Section. I have interviewed him. He can be appointed on ad hoc basis as A/cs. Clerk for the Anpara Project. This has M.D.'s approval. Yours sincerely, Sd. R. C. Barua" By letter dated 27.2.1987 the petitioner deputed the workman to work on ad hoc basis as Accounts Clerk for the Anpara project. It further appears that the workman was appointed as Accounts Clerk on daily rated basis of Rs. 25 per day initially for a period of six months w.e.f. 5.3.1987 and was posted in the Accounts Section of the Anpara project. The appointment letter of the workman is as under : "Railway Construction Company Ltd. (A Govt. of India Undertaking) Office of the Regional Manager-Anpara Office Order No. 71/87 Sub : Shri Baikunth Nath Dubey s/o Sri Kamla Shankar Dubey Shri Baikunth Nath Dubey s/o Sri Kamla Shankar Dubey, Date of birth : 6.7.1965, educational qualifications : B. Com., is appointed as a Accounts Clerk on daily rate of pay of Rs. 25 per day (Rupees Twenty five only) per day for a period of six months with effect from 5.3.1987 and posted to the Accounts Section at Anpara. The services of Sri Dubey shall stand terminated on expiry of the period of six months or even earlier as the circumstances may warrant. This appointment shall not confer on him any title or claim for his continued employment as such or for any alternative appointment in any capacity. This is with the approval of the competent authority. Project Manager IRCON-Anpara" No. : IRCON/ Dated 10.3.1987/ ANP/29/588 21/3/87 Copy of the foregoing forwarded for information and necessary action to : 1. Dy. : Manager Accts : Anpara 2. Accounts Officer, Anpara 3. Sri Baikunth Nath Dubey in duplicate. He will please return one copy duly signed by him in token of his having accepted the terms and conditions of his appointment as contained in this O.O. 4. Director Finance, IRCON, New Delhi. This has reference to his letter No. DF/IRCON/A/cs, dated 27.2.1987. 4. Group General Manager (T), IRCON, New Delhi. Sd. Illegible 10.3.1987 Project Manager IRCON - Anpara";