ARYAVEER SINGH Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) Heard Mr. Vivek Shukla, the learned counsel for the appellant and Mr. Rakesh Thapliyal, the learned Senior Advocate assisted by Mr. Mukesh Kaparuwan, the learned counsel for the respondents.

(2.) In this intra court appeal, the petitioner -appellant has assailed the order passed by the learned Single Judge, giving directions to the respondents i.e. Bharat Heavy Electricals Ltd. (hereinafter referred to as BHEL for brevity) to employ the petitioner and absorbed him in future as and when vacancy arises.

(3.) The petitioner was inducted as a contract labourer on 15/8/1981. On 1/6/1989, the petitioner was retrenched by the respondents. He raised an industrial dispute which was referred for adjudication by the State Government under Sec. 4-k of the U.P. Industrial Dispute Act, 1947. After receipt of the aforesaid reference, the dispute was registered as Adjudication Case No. 120 of 1993 before the learned Labour Court, Dehradun. During the trial of the aforesaid adjudication case, a settlement was arrived on 23/7/1993 between the parties i.e. the petitioner and the respondent authorities. It was agreed between them that the respondents i.e. employers shall induct the petitioner under labour contract system with effect from the date of his joining with the contractor concerned and will given code number for the same. It was also provided that he will be considered for absorption in BHEL, Haridwar, along with such other workmen, whenever next interviews are held for this purpose irrespective of the prescribed age limit. It is appropriate to take note of the terms of settlement, which is quoted below:-