- (1.) D. K. Seth, J. Petitioners' case was considered in the light of the judgment in the case of I. G. Registration v. Awadesh Kumar and others, JT 1996 (5) SC 365. Their case was considered by an Order dated 14-8-1996 which is Annexure-4 and 5 to the writ petition. It appears from the said order that the petitioners were unable to show anything for which period they had worked. They have also not been able to produce anything to show that they had worked continuously for three years. Therefore, they do not fulfil the conditions laid down in the order dated 27-9-1995. It was also recorded that the petitioners were unable to prove their total period of working. Therefore, their case was rejected.
(2.) RELYING on paragraph 24 of the writ petition and Annexures 6 and 7 to the writ petition, Shri P. S. Baghel, learned Counsel for the petitioners contends that the are proof for the period during which there petitioners had worked. He had made a positive statement in paragraph 24 of the writ petition that the petitioners had filed their experience certificates before respondent No. 2 which had not been con sidered. On being asked the original cer tificates, Shri Baghel, learned Counsel for the petitioners contends that the originals were produced before the concerned respondent and the Annexures to the writ petition are photo copies of these originals which were produced before the concerned respondent which have not been considered. He also contends that the said order has been passed without any application of mind inasmuch as in every such cases orders are being passed which are identical words bywords. Learned standing Counsel on the other hand contends that the petitioners' case was duly considered but they have failed to prove that they had continuously worked, therefore, they were not regularised and accordingly their case has been rejected. After having heard learned Coun sel for the parties, it appears that there is a dispute with regard to the fact that the petitioners had filed certain documents or not. At the same time, it is not possible for this court to decide the said question. In that view of the matter, this writ petition is disposed of by directing the respondent No. 2 to reconsider the order dated 14-8-1996 in the light of the documents already produced before the respondent by the petitioners alongwith their repre sentations and their representation dated 2-11-1996 contained in Annexure-8 to the writ petition and fresh orders should be passed in accordance with law. The entire exercise should be completed within a period of four months from the date a certified copy of this order is produced before the concerned respondent.
(3.) WITH the aforesaid observation this writ petition is finally disposed of. After the above order is passed, Shri Baghel contends that in view of the direction given by the Apex Court in the case of Awadesh Kumar (supra), the petitioners should be allowed to continue in the meantime. He also contends that in similar matters, interim orders are being issued by other courts, therefore, a similar order should be passed in the present case. According to him the present case is iden tical with the other cases in which interim orders have been granted. He had also produced copy of such order passed in another case. He also contends that it is a settled principle of law as has been laid down by the Apex Court that similar or ders should be passed in similar petitions.;