M NAGARAJ Vs. NEW GOVERNMENT ELECTRIC FACTORY

JUDGEMENT

(1.) THE petitioner herein wants a direction from this Court under writ jurisdiction to foist him on the respondent-Government Company as an employee on compassionate grounds, though the respondent-Company itself is struggling hard for its survival because of excess employment and is undergoing revival operation before the Board of Industrial and financial Reconstruction (in short 'the BIFR' ).

(2.) ACCORDING to the petitioner, his father was working as Lathe turner in the respondent-Company. He died in harness on 23-11-1988. According to the petitioner, he made a representation seeking appointment on compassionate ground and the respondents have issued an endorsement dated 3-6-1991 (Annexure-A), wherein he was intimated that there have been no vacant posts for being afforded to petitioner keeping in view his qualification. Therefore, he cannot be favoured with any appointment. It was also informed that his claim has been included in the waiting list, since already similar 90 such applications are pending and as and when occasion arises his case will also be considered, if any post falls vacant.

(3.) THE Divisional Manager (Administration and Industrial Relations)of the respondent-Company has stated in the statement of objections that the company is running under loss and it has been referred to bifr. As per the IDBI report the company is having 1,800 excess employees. Further, in para 6 thereof it has been stated as under.