LAL MOHAMMAD Vs. INDIAN RAILWAY CONSTRUCTION CO LTD

JUDGEMENT

(1.) THESE appeals are directed against the order passed by the Allahabad High Court dated May 21, 2004 whereby the Full Bench of the High Court has disposed of all the writ petitions filed by the workmen against Irrdian Railway Construction Co. Ltd. (hereinafter referred to as Company) and the Regional Manager, IRCON, Rihand Nagar, Sonbhadra. The Full Bench held that the petitioners are not entitled to benefit of continuation of service or regularization as the project stood closed on 6.2.1998. It was held that project stood completed in all respect except necessary electric or other odd works left over. It was also held that petitioners did not apply for recruitment in service of the Company as per the Service Rules and those who appeared and were found suitable were selected and appointed under the service rules of the Company but others who could not appear, their services were terminated in accordance with law. Hence, in total analysis, it was held that sentiments must yield to the cold logic of law, however, hard the case may be. Hence all writ petitions were dismissed.

(2.) IT would be necessary to recapitulate the facts giving rise to these appeals because this is second and third innings of the matter, which has come up before this Court. Earlier the matter came up before this Court wherein the question arose was whether Section 25N of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) was complied with or not, this Court held that Section 25N was not complied with. Hence, this Court disposed of the petitions holding that Section 25N was not complied, therefore, termination of all workmen was bad and remitted the matter [Mohammad v. Indian Railway Construction Co. Ltd. (1999) 1 SCC 599 reported in back to the High Court with following directions:-

(3.) SO far as the second and third questions are concerned, the crucial question to be decided is whether they were employees of the Project or of the Company. In this connection the finding was given by the Full Bench that they were employees of the Project and not of the Company. Learned counsel for appellants laid much stress on appointment orders of appellants that they are employees of the Company and not of the Project. He has taken us through various appointment orders issued from time to time and some of the samples, are reproduced as under:- "INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED (A Government of India Undertaking) GRAM : RAILCONST RATTAN JYOTI 18.RAJENDRA PLACE NEW DELHI-110008(INDIA) DATED : 25/8/84 No. lRCON/ESTT./35 Shri Lal Mohammad S/o Ajimuddin Vill:Dallumandaltola, Dt.Malda. You are hereby offered appointment in Anpara Project on a Casual adhoc basis on a consolidated monthly emoluments of Rs.400/- (Rupees four hundred). You are directed to report to Project Manager IRCON at Anpara. In this connection the following instructions are issued. 1. Your training period will be for a period of 12 months after you report for duty. 2. On satisfactory completion of the training you will be required to pass a written and oral examination. 3. On passing your above examination, you will be brought in grade Rs.260-400/-. 4. During your training period you will be entitled to an additional monthly emolument of Rs.50/- if you are posted in Delhi, Bombay or Calcutta. 5. The above appointment is subject to verification of your age, qualifications for which you should produce original documents while reporting Sd/- (N.SWAMINATHAN) COMPANY SECRETARY, IRCON" "INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED (A Government of India Undertaking) GRAM : RAILCONST RATTAN JYOTI 18, RAJENDRA PLACE NEW DELHI-110008(INDIA) No.lRCON/PP/35A DATED: 22-10-83 Md.lntas Hussain S/o Md.Yahim Ali, Village, Chandigachil, P.O. Singhia, Dt. Malda. You are hereby offered appointment in Anpara Project on a Casual adhoc basis con a consolidated monthly emoluments of Rs.400/- (Rupees four hundred). You are directed to report to Project Manager V.S.T.V.P. IRCON at Anpara. In this connection, the following instructions are issued. 1. Your training period will be for a period of 12 months after you report for duty. 2. On satisfactory completion of the training you will be required to pass a written and oral examination. 3. On passing your above examination, you will be brought in grade Rs.260-400/-. You will also be eligible for payment of all allowances as per the rules of the company; 4. Your regular appointment in the Company will be governed by the Recruitment Rules of the Company. 5. You are liable to be posted any where in India. 6. During your training period you will be entitled to an additional monthly emolument of Rs.50/- if you are posted in Delhi, Bombay or Calcutta. Sd/- (N.SWAMINATHAN) COMPANY SECRETARY, IRCON" "INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED A GOVERNMENT OF INDIA UNDERTAKING Office of the Regional Manager P.O. Anpara, District Mirzapur (UP) Dated: 19.5.1988 No.lRCON/ANP/ESTT/15/AL To Shri Meghu Seikh Artisun, IRCON, Baijpur. Dear Sir,