BRIJ KISHORE Vs. UOI

JUDGEMENT

(1.) PETITIONER by this writ petition seeks to assail order dated 12th March, 2003 passed in OA No. 2394/2001 as unsustainable in law. The Tribunal by the impugned order held that the claim of the applicants for grant of temporary status could not be countenanced and taken cognizance belatedly. However, it is held that if the applicants raise their grievance, in case they are not accorded the benefit of 1/30th of minimum pay scale and particularly those who have been regularized after 1980, the same shall be gone into by the respondents through a reasoned and speaking order. Barring the above observation, the OA was dismissed as devoid of merits. Learned counsel for the petitioner submits that there are in all 55 employees in the present case. He submits that these employees were engaged as casual workers on different dates from 1971 to 1973 and continued to work till 1979. After the completion of the project, they were given employment in the open line with effect from 1st May, 1980. It is in respect of these employees OA was filed before Tribunal contending that since they had completed 120 days from period 1971 to 1973, they ought to be accorded temporary status. The challenge in OA was inter alia for non granting of his temporary status. Apart from other grounds, the Tribunal while rejecting the said claim has observed as under :

(2.) WE find that the Tribunal has succinctly dealt with the contention and given the reason for not entertaining the claim of these petitioners which was also barred by limitation.

(3.) WE are in agreement with the view as taken by the Tribunal above. We are not persuaded simply because there is a subsequent response in all the representations where the department has clarified its stand, the same would accord a fresh cause of action. Petition has no merits and the same is dismissed.