GOPAL SINGH Vs. INDIAN RAILWAY CONST. COMPANY LTD

JUDGEMENT

(1.) There are five petitioners in CWP. 629/98. Their services have been dispensed with by the Indian Railway Construction Company Limited, hereinafter called the IRCON. They have challenged the orders passed by the first respondent. Before I notice the case of the petitioners, it will be relevant to state about the formation of the IRCON.

(2.) IRCON was incorporated in the year 1976 under Indian Companies Act, 1956. It is a Government of India enterprises, run under the aegis and control of the Ministry of Railways. The main purpose for which the Company was formed was for the construction of railway tracks, roads, highways, buildings for Government and other works working under the Government, canals and other construction activities on commercial basis. It has its central office in New Delhi. The Company has a few engineers, other professionals and staff for the purpose of administration. The IRCON undertakes projects at various places in India and abroad. Depending upon the volume of the work undertaken by IRCON and duration of the work, it takes persons for employment.

(3.) GOPAL Singh, the first petitioner in CW. 629/98, was appointed on the 3rd of November, 1988 for Dadri Project as Zonal Assistant. The order of appointment reads as under: - 'Sub: Appointment to the post of Jr. Assistant in scale Rs.260 -400 for a period of one year on contract basis in Indian Railway Const. Company Ltd.' You are offered an appointment to the post of Jr. Assistant purely on ad -hoc basis for a contract period of one year in this Company on an initial pay of Rs.260/ - in the scale of Rs.260 -400 (pre -revised) for IRCON's Dadri Project on the following terms and conditions. Your services will, however, be transferable on IRCON Projects at any place in India. (i) Emoluments: - - You will be entitled to initial pay of Rs. 260.00 in scale Rs. 260 -400 (pre -revised) plus allowances as admissible under the rules of the Company. (ii) Terms of appointment: Your appointment will be one purely ad hoc basis for a contract period of one year from the date you assume charge, terminable any time without notice and without assigning reasons therefore. (iii) traveling Allowance: You will be entitled to traveling Allowance and re -imbursement of Railway fares incurred on official tours in terms of IRCON TA Rules as applicable to category 'D' group employees. (iv) Medical Re -imbursement: You will be entitled to re -imbursement of medical expenses up to a maximum of Rs.2000/ - during the period of your contract appoint - ment for self and family on production of relevant vouchers as prescribed under company rules. 1. LEAVE You will be entitled to proportion to Casual Leave only during the period of your contract appointment. 2. the appointment will be subject to the production of the following documents at the time of reporting for duty : - a) Original certificates in support of your educational, technical and professional qualifications. Documental proof in respect of date of birth etc. together with attested copies thereof. b) Identity certificate after filling up the Attestation form (copy enclosed) in triplicate. c) In case you belong to SC/ST, one of the following certificates should be produced. i) metriculation or School leaving Certificate or birth certificate giving your caste/community and place or residence. or ii) A certificate in the enclosed form issued by one of the authorities enlisted therein. 3. You should sign the following declaration in the forms enclosed to this letter : - a) Declaration of Marriage. b) Relationship/connection with the Board of Director (s) of the Company. 4. You should produce a medical certificate of fitness from a Regd. Medical Practicioner.