LAWS(SC)-2005-1-81

MAHANADI COALFIELDS LTD Vs. SADASHIB BEHERA

Decided On January 05, 2005
CHAIRMAN/M.D., MAHANADI COALFIELDS LTD. Appellant
V/S
SADASHIB BEHERA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This petition, by special leave, has been preferred against the judgment and order dated 21.11.2002 of Orissa High Court by which the review petition filed by the appellants for reviewing the order dated 7.12.1999 was disposed of with certain directions.

(3.) Respondent No.1., Sadashib Behera passed certificate examination in welders trade from Industrial Training Institute in the year 1992. Thereafter, he did one year apprenticeship training in the welders trade with Mahanadi Coalfields Ltd. It appears that some appointments were to be made in Mahanadi Coalfields Ltd. for which purpose he was called for interview, but he was not given any appointment order. He then filed a writ petition under Article 226 of the Constitution being OJC No.13025 of 1996, praying that a writ of mandamus be issued commanding the appellants in the present appeal to give him appointment on the post of Welder. Reference in the writ petition was made to the judgment and order dated 3.9.1996 of the High Court passed in OJC No.644 of 1996 which indicated that some vacancies still existed in the establishment. The appellants herein, who were respondents in the writ petition before the High Court, filed a counter affidavit and it was pleaded therein that they were bound by the reservation policy notified by Government of India and that the stand of the writ petitioner that some posts of welders were lying vacant is not correct. The High Court held that there were 9 vacancies on the post of welder, out of which 5 were reserved for general category. The writ petitioners placement in the merit list was 5th and as the person who was placed at number 4 had not joined, he was entitled for being appointed on the post of welder. The writ petition was accordingly disposed of by the order dated 7-12-1999 and a direction was issued to the appellants herein to appoint respondent no.1 on the post of welder within a period of two months.