RAGHUBIR SINGH Vs. STANDING CONFERENCE OF PUBLIC ENTERPRISES

JUDGEMENT

(1.) This appeal is directed against the order dated 10th November, 2006 passed by the learned Single Judge allowing the writ petition filed by the respondent management. The appellant herein was employed as a Foreman by the Public Enterprises Services Association. His initial appointment was for a period of three months on ad hoc basis. Irregularities were detected in the working of the Public Enterprises Services Association by the Central Bureau of Investigation and on recommendation of the Government, the said Association was dissolved on 3rd July, 1987. The assets and liabilities of the said Association were transferred to the respondent management, who assigned the work of construction to other agencies.

(2.) The appellant herein was employed by the Association as a Foreman for the construction work. After dissolution of the aforesaid Association by the Government, attempt was made to adjust the employees of the said Association but all of them could not be adjusted. 39 employees were retrenched after being paid retrenchment compensation. The appellant is one of them. A letter was given to the appellant at the time of his retrenchment in the following manner:- We regret to inform you that your services are no long required in SCOPE. Your services are, therefore, hereby terminated with effect from 15.2.1988 (AN).

(3.) Similar letters were issued to all retrenched employees along with cheques of retrenchment compensation. The appellant herein initially filed a civil suit before the Civil Judge in 1988 but in October, 2000, he withdrew the suit with liberty to raise an industrial dispute. He subsequently raised an industrial dispute on the basis of which a reference was made by the appropriate Government in the following terms:-