IRCON INTERNATIONAL LIMITED Vs. DAYA SHANKAR

JUDGEMENT

(1.) Special leave granted.

(2.) The respondent, as is evident from the facts which emanate from the record, was appointed in a project of the appellant, namely, the Ballast Project of the Northern Railways. He was appointed as a Khalasi and no formal letter of appointment was issued. In 1988 he was transferred to the Head Office and by Memo dated 29th June, 1992 he was informed that his services were no longer required but he was paid compensation as per the provisions of the Industrial Disputes Act, 1947.

(3.) The respondent filed a writ petition before the High Court. Before the High Court, an order of this Court dated 2nd May, 1997 in the case of Sufal Jha and Ors. vs. U.O.I. and Ors. was referred to. That was a case where certain persons working at the projects were sought to be retrenched and on concession it was directed that there will be an offer of appointment to those of the petitioners whose names figure on the panel to be prepared and they would be offered appointments in any of the project in Madhya Pradesh as and when the vacancies arise.