ASHOK KUMAR Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) BY this writ petition, the petitioner Sh. Ashok Kumar seeks direction of quashing of the impugned order dated 3.8.1998 issued by the respondent no.1 -Airport Authority of India discontinuing the services of the petitioner with immediate effect. Petitioner claims that petitioner was working with respondent no.1 through an independent contractor for many years and pursuant to the judgment of the Supreme Court in the case of Air India Statutory Corporation, etc. Vs. United Labour Union and Ors. AIR 1997 Supreme Court 645 petitioner should have been absorbed and regularized by respondent no.1.

(2.) THE case of the petitioner is that though he was employed with the contractor as sweeper/cleaner, he was working for the respondent no.1 and since the Supreme Court in the case of Air India Statutory Corporation(supra) upheld the judgment of the Bombay High Court by issuing directions for regularization and absorption by respondent no.1, petitioner was bound to be regularized instead of respondent no.1 illegally discontinuing his services in terms of the impugned order dated 3.8.1998. It is argued before me on behalf of the petitioner that house keeping records which are relied upon by the respondent no.1 are not only violative of principles of natural justice but also they are cursory and lacking in substance. Petitioner has been wrongly denied the benefit of regularization though petitioner was in fact working in the offices of respondent no.1.

(3.) AT the outset I would like to state that I would have preferred not to decide disputed questions of facts in this petition under Article 226 of the Constitution of India. Disputed question of fact arises because whereas the petitioner states that he was working with respondent no.1 as on the date of passing of the judgment of the Supreme Court and in fact for 10 years prior thereto, respondent no.1 disputes the same and accordingly unless evidence was led this issue could not have been decided. On putting a query to the counsel for the petitioner that as to whether petitioner would like to withdraw this petition and file a civil suit in the civil court, however, counsel for the petitioner states that petitioner has no right to approach the Industrial Tribunal or any court in terms of the judgment in the case of Air India Statutory Corporation(supra) and therefore this petition be decided by this Court.