RAM CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal has been filed under the Letters Patent challenging the judgment dated 1st July, 2010 in WP(C) 4870/1998 whereby though the learned Single Judge has held the appellant's termination as illegal, unfair and unjust, yet not granted the relief of reinstatement.

(2.) Ms. Meenu Mainee, learned counsel for appellant submitted that the appellant's services could not have been terminated without inquiry by order dated 2nd November, 1988 as it was the case of the respondent before the Industrial Tribunal that the workman was indisciplined and rude. She further submitted that the respondent could not have terminated the services of appellant as he was working as Fork Lift Operator against a regular and sanctioned post.

(3.) In the present case, we find that the appellant was not appointed as a Fork Lift Operator against a regular and sanctioned post. In fact, the appointment letter reads as under :- Government of India Ministry of Finance New Mint Project, B-102-B, Sector 27, Noida (Ghaziabad) No. NM/Pers/96/87/3332. Dated : 21.12.87 ORDER Shri Ram Chander S/o Shri Ishwar Singh is being appointed as Fork Lift Operator (Grade-III) in the pay scale of Rs. 800-1150 w.e.f. 21.12.87. His appointment will be purely on adhoc basis and in a temporary capacity till further orders. 2. He will draw an initial salary of Rs. 800/- plus usual allowances as admissible from time to time. Sd: for General Manager 21/12/87