C RAMAMURTHY Vs. MANAGEMENT RURAL UNIT

JUDGEMENT

(1.) The petitioner prays for the issue of writ of certiorari to call for the records relating to the award of the Labour Court, Vellore in I.D.No.421 of 1993 dated 5.10.1994 and to quash the same.

(2.) The following facts are sufficient for the disposal of the writ petition and the facts stated in this para are not in controversy. The petitioner, who is a B.Sc.(Botany) graduate, came to be appointed as Agricultural Supervisor Trainee on 1.7.1983 in the Rural Unit for Health and Social Affairs (RUHSA) Gudiyattam, N.A.A.District. From 1.3.1984 he was appointed as supervisor on probation for a period of one year. That was done by virtue of the order dated 9.5.1984 with effect from 1.3.1984. Subsequently, the second respondent, the Management, Christian Medical College and Hospital, Vellore, NAA District, under whom the employees were appointed, were given option either to remain under RUHSA Rules or to come under CMCH Rules. It was made clear that if the employee opted to come under CMCH Rules, he will be governed only by the RUHSA rules and regulations regarding pay, increments, D.A., leave rules and service condition etc., The following is the letter calling for the option from the employees:-

(3.) There is also no dispute over the fact that by letter dated 22.7.1987, the petitioner opted to come under CMCH Rules. In the letter he has stated that he was working as Dairy Supervisor in RUHSA from 1.7.1983 having been appointed by the Programme Director, RUHSA and that consequent on the reorganisation of RUHSA, he has given his option and willingness to come under the discipline of CMCH and also to work in any unit/Department of CMCH or RUHSA department as the case may be and that he will abide by the CMCH Staff service rules, Leave rules and other Rules & Regulations. The other portions of the format are struck off.