MAHENDRA L JAIN Vs. INDORE DELOPMENT AUTHORITY

JUDGEMENT

(1.) These appeals arising out of a judgment and order dated 26.4.2000 passed in Writ petition No. 1188 of 1997 by the High Court of Madhya Pradesh, Indore Bench, involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. background FACTS:

(2.) The appellant nos. 1 and 2 are degree holders in Civil Engineering and appellant nos. 3 and 4 are diploma holders in Civil engineering. They having come to learn that certain vacancies exist in the respondent-Authority, applied therefor although no advertisement in that behalf was issued. The respondent-Authority appointed the appellants and posted them to an overseas project known as 'indore Habitat Project' which was implemented through the agency of 'overseas Development Authority' (hereinafter referred to as 'the ODA') , on daily wages @ Rs. 63/- per day for the degree holders and Rs. 52.50 per day for the diploma holders. On or about 17.3.1997, however, they began receiving a salary of Rs. 1500/- per month. Allegedly, from their salary, provident fund was being deducted. They were also being granted the benefit of leave.

(3.) A dispute arose as to whether all the appellants were employed for the purpose of the said project or the appellants in civil appeal no. 337 of 2002 were appointed in the year 1991 oy the Authority for its own job. An industrial dispute was raised by the appellants herein as their services were not being regularized by the respondent. The said dispute was referred for adjudication of the Labour Court, Indore, by the State of Madhya Pradesh on the following questions :