BHALCO EMPLOYEES UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Bharat Aluminium Company Employees Union (for short BHALCO Union) is a registered and a recognised Union has preferred a quo warranto writ petition, with the prayer that the respondent, Smt. Usha Roy is continuing as Director (Personnel) of BHALCO without any authority of law and without any order of appointment in her favour. BHALCO is a Government of India owned company. In the petition, it is prayed that she be directed to show the authority and relevant rules and regulation under which she is holding the post of Director (Personnel) of BHALCO.

(2.) Brief facts which are necessary to properly comprehend the scope of the present writ petition are recapitulated as under:-

(3.) Respondent No. 2 was appointed on tenure as a Director (Personnel) for a period of five years w.e.f. 25.10.89. It is alleged that on 1.11.1994, respondent No. 2 was relieved from the said post. It is further alleged that from 1.11.1994 to 28.4.1995, there was no appointment or extension in favour of respondent No. 2 as Director (Personnel) or on any other position, and she remained in employment with BHALCO without any authority of law.