UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD

JUDGEMENT

(1.) The petitioners have filed the present Writ Petition, inter alia, praying for quashing the Order dated 30th January, 2004 passed by the Central Administrative Tribunal (in short 'the Tribunal') on Original Application No. 925 of 1997 filed by the respondent No. 2 herein. It appears that the respondent No. 2 herein was initially engaged as a casual labourer by the petitioners herein from time to time, the details whereof have been given in paragraph Nos. 4 (a) to 4 (i) of the Original Application filed before the Tribunal. A perusal of paragraph Nos. 6, 7, 8 and 9 of the Counter-affidavit filed on behalf of the petitioners herein before the Tribunal shows that the averments made in paragraph Nos. 4 (a) to (i) of the Original Application have not been specifically denied. So far as working of the respondent No. 2 herein as casual labourer was concerned, only vague allegations have been made regarding lack of authority with the concerned officers for issuing certificates enclosed with the Original Application.

(2.) The respondent No. 2 herein was given the status of temporary employee by the letter dated 3rd January, 1995 (Annexure 9 to the Original Application filed before the Tribunal). The respondent No. 2 herein was also medically examined on 24th January 1996. The averments made in this regard in paragraph Nos. 4 (i) and 4(j) of the Original Application have not been denied in paragraph Nos. 9 and 10 of the Counter-affidavit filed before the Tribunal.

(3.) The Tribunal in the impugned order has stated that the respondent No. 2 herein was on the roll as on 30th April, 1996.