S.S. Sudhalkar, J. - (1.) BY this writ petition, the petitioners, who were appointed as Lay -Inseminators in the Integrated Watershed Development Project (Hills), Punjab have challenged the letter, Annexure P/3. The petitioners were appointed vide letter dated 18.12.1989, copy Annexure P/1. Relevant part of the letter is reproduced as under : - "In accordance with Terms and conditions of Integrated Watershed Development Project (Hills). Departmental Selection Committee has selected the following persons for imparting training as Lay -inseminator for 3 months with effect from 11.1.90. They will be paid stipend Rs. 250/ - P.M. and will go under training in Polyclinic, Hoshiarpur. After completion of training the trainees will be put on A.I. work in their own villages. This training shall be further subject to the following terms and conditions : -" Now by letter dated 9.3.1999, Annexure P/3, they have been informed that Phase -I of the project is over and Phase -II is going to start and as per the recommendations of the World Bank, they will not be given incentive. This letter is under challenge. The text of the letter is as under : - "With reference to the above cited subject, you are hereby intimated that I.W.D.P. (Hills) Project Phase -I has been expiring on 31.3.1989 and w.e.f. 1.4.99 I.W.D.P. (Hills) Phase -II is going to start. Therefore, as per recommendations of the World Bank, Lay inseminators working under Phase -I will not be given any incentive for the work done by them. Therefore, if you are willing to work as A.I. without any incentive in the villages attached with you as per I.W.D.P. (Hills) Phase -I on the terms and conditions of the World Bank, you are requested to give your consent in writing by 15.3.3999 to the undersigned."
(2.) COUNSEL for the petitioners argued that after having been appointed vide letter Annexure P/1, they cannot now be asked to work without pay/incentive. The respondents have filed an affidavit of Dr. Subhash Chander, Deputy Director, Animal Husbandry, Punjab, who has stated that no post of Lay - Inseminators has been kept under the Integrated Watershed Development Project (Hills) Phase -11 and that there is no provision of the work of Lay -Inseminator in Integrated Watershed Development Project, Phase II scheme which commenced with effect from 1999 -2000. Counsel for the petitioners argued that this affidavit is contrary to the stand taken in the written statement. However, it is mentioned in the written statement that as per the World Bank project, Phase I had to work till 31.3.1999 and the intimation regarding the closure of the project was given to the petitioners working in the project vide letter dated 9.3.1999. (The said letter is at Annexure P/3) and that as per the instructions/guidelines of the World Bank the Lay Inseminators were asked to give their willingness to work as Lay Inseminators in the same village without incentive.
(3.) COUNSEL for the respondents has relied on two judgments of the Supreme Court. In the case of Surendra Kumar Verma etc. v. The Central Government Industrial Tribunal -cum -Labour Court, New Delhi and another, reported as . It has been held by the Supreme Court that the Court may deny the relief of reinstatement where reinstatement is impossible because of the Industry having closed down. In the case of Jaswant Singh and others etc, etc. v. Union of India and others etc. etc., reported as , it has been held that the employees appointed by Beas Control Board or Beas Construction Board were not entitled to continuation after completion of the project.;