ASHISH TIWARI Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) The contention of the Petitioner/Applicant in the writ Petition is that he is entitled to be regularised in the Executive Cadre of the Respondent (SAIL); that SAIL be'directed to pay the same salary and other benefits as are being paid to regular employees; and that the services of the Petitioner be not terminated during the pendency of the Writ Petition.

(2.) The Respondents have been extending the temporary service of the Petitioner from time to time even though it appears that an Order to this effect had not been passed by the Court. The prayer in this application is for the issuance of directions to the Respondents to pay to the Petitioner equal amount of pay and allowances as has been paid to other employees who initially joined the Respondent Company at a consolidated amount and have been confirmed in the appropriate pay scale.

(3.) In the course of arguments. Counsel for the Respondents SAIL had disclosed that the offer of regular employment however, in the Non-Executive Cadre, had been made to the Petitioner but this was declined. On my inquiry as to whether the Petitioner would be willing to accept this appointment it was submitted that these salaries would be accepted provided all back wages were also paid. On the question of whether the Respondents would be willing to pay the extant salaries for Non-Executive Cadre to the Petitioner, without prejudice to his contentions in the writ Petition, Learned Counsel for the Respondent had stated that he would have to obtain instructions from his client. There is therefore, quite evidently a calcification of the stands on both sides.