UNION OF INDIA Vs. RAJENDRA KUMAR AND OTHER

JUDGEMENT

(1.) By the present writ petition the petitioner has prayed for a writ of certiorari quashing the award dated 19.9.2001 passed by the respondent No. 2.

(2.) Briefly stated the facts giving rise to the present writ petition are that the respondent Rajender Kumar was appointed on the post of gardner (Mali) in July 1988, with Kumaon Regimental Centre, Ranikhet. He was not given full wages like regular employees though was required to work full day. He was paid less emoluments even below the prescribed minimum wages. However, his emoluments were increased form time to time and on the date of termination i.e. 4.8.1997 he was drawing Rs. 800.00 per month. The workman also claimed that there were eight posts of permanent gardners in the establishment. Despite vacancies on the regular sanctioned posts, he was denied appointment and was engaged as a temporary employee. He worked from July, 1988 to July, 1997.

(3.) The workman has alleged that a show cause notice was served upon him on 2.7.1997 stating there he was absent from duty from 11.6.1997 to 17.6.1997 i.e. for 7 days and also from 22.6.1997 to 1.7.1997 for 10 days in Woollen Factory. It is also stated that he was absent from 11:6.1997 to 1.7.1997 i.e. for 21 days in the Shawl Factory. He replied the said show cause notice on 4.7.1997, explaining that he was on duty from 11.6.1997 to 17.6.1997 at the bangalow of the Commander called "Kumaon House" as per instruction of the Deputy Commandant and Head Mali. He also explained that he was sick from 22.6.1997 to 1.7.1997 and was on medical leave. A medical leave certificate was also enclosed. The management without considering his reply/explanation terminated his services by order dated 4.8.1997.