UNION OF INDIA Vs. JAYESH DHAKTE

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution, what is challenged by the Union of India and its Engineers in the All India Radio is the order dated 13. 12. 2005 passed by the Central Administrative Tribunal, Ahmedabad in Original Application No. 344 of 2004 as well as the order dated 24. 07. 2006 passed by the said Tribunal rejecting Review Application No. 05 of 2006 with MA No. 54 of 2006 on the ground that the Tribunal has no power to condone the delay in filing the Review Application.

(2.) WHILE issuing notice on 20. 09. 2007, we had made it clear that in view of the reliance placed by the learned Standing Counsel for Union of India on the decision of the Apex Court in Mangu Ram Vs. Municipal Corporation of Delhi, AIR 1976 SC 105, notice was issued for final disposal.

(3.) THE respondent herein moved the Central Administrative Tribunal by filing Original Application No. 344 of 2004 stating that he was a physically handicapped person with 50% disability and was appointed by the respondents before the Tribunal (i. e. the present petitioners) as Wireman in the physically handicapped quota. The respondent further stated that he had been serving with the authorities continuously for the last more than 10 years, but he was still not regularised in service. The petitioners herein contested the application and contended that there was no relationship of employer and employee between the parties and that the work of maintenance at Doordarshan, Ahmedabad and All India Radio was managed through contractors. After hearing the learned counsel for the parties, the Tribunal allowed Original Application in the following terms :-