AIRPORT AUTHORITY OF INDIA Vs. DHARM PAL

JUDGEMENT

(1.) This writ appeal has been filed against the impugned judgment of learned Single Judge dated 10.3.2004 by which he has allowed the appeal. The facts have been stated in the judgment of the learned Single Judge and hence we are not repeating the same except where necessary.

(2.) The appellant is a statutory authority constituted under the International Airports of India Act which is an Act of Parliament. Respondent (writ petitioner) was given a call letter dated 1.7.1983 by the Employment Exchange requiring him to report to the appellant and thereafter he was appointed as a daily wage operator in the services of appellant. However, his services were terminated on 1.4.1984. Against this he raised an industrial dispute and his termination was set aside by the Industrial Tribunal vide order dated 25.1.1990. The writ petition against the award was dismissed by this court vide Annexure VII to the writ petition. The judgment of this court in the aforesaid writ petition No. 899/90 reads as follows:-

(3.) It is alleged in paragraph 9 of the petition that after the petitioner, the respondents had appointed two persons namely C.P.Aggarwal and Prem Singh as daily wage operator (E&M). The services of these two persons had also been terminated along with petitioner. However, the respondents had accepted the illegality of the termination of these persons and took back these persons in service in May, 1986, but with illegal and malafide intention did not take petitioner in service. In the judgment of this court dated 13.5.1993 in the case of C.P.Aggarwal being Writ Petition No. 2902/91 and Prem Singh being Writ Petition No. 3278/91. It was held by the D.B. of this Court that respondents were bounfi to regularize the petitioner in view of the settlement arrived at between them and since regular vacancy was available on 13/14.11.1986. Consequently, C.P.Aggarwal and Prem Singh were regularized and the petitioner has not yet been regularized.