H DANESH Vs. UNION OF INDIA

JUDGEMENT

(1.) ORDER The petitioners have filed these writ petitions praying for issuance of a writ of certiorarified mandamus, to call for the records relating to order of the third respondent Kendra dated 22.1.2003 bearing reference No.6(3)99/7908/HC/MAS and to quash the same and consequently direct the third respondent not to dispense with their services except for any misconduct, pending their claim for regularisation in the third respondent Kendra before the appropriate forum under the Industrial Disputes Act 1947.

(2.) The stand taken by the rival parties in W.P.No.7689 of 2003 is also the same in regard to the other writ petition viz., W.P.No.21976 of 2004 and the petitioners in W.P.No.21976 of 2004 also stand on the same footing as that of the petitioners in W.P.No.7689 of 2003 and the same contentions are put forth by the parties in respect of W.P.No.21976 of 2004, a common order is passed in these two writ petitions.

(3.) The case of the petitioners in both petitions is that they are working in the third respondent/ The Director,Prasar Bharathi Broadcasting, Corporation of India, Doordarshan Kendra,Swami Sivananda Salai, Chennai-600 005 from the year 1987-1992 and 1989 -1992 respectively as casuals and they have also been reportedly engaged as casuals by the third respondent after the year 1992 and till date, they are working with the third respondent. It is the stand of the petitioners that they have worked more than 240 days in every calendar year and they claimed temporary status in W.P.No.7908 of 1999 by means of an office memorandum dated 1.9.1993 issued by the Department of Personnel and Training. However,the said writ petition has been dismissed on 22.8.2002 based on a recent Judgment of the Supreme Court in Civil Appeal No.3168 of 2002(Union of India-v- Mohan Pal reported in 2002(4)SCC 573). However, the petitioners have been permitted to make a representation for regularisation and accordingly, they have submitted their representation on 27.8.2002 and the third respondent has passed an order on 22.1.2003 inter alia stating that the petitioners are not found eligible for grant of temporary status/regularisation.