UNION OF INDIA Vs. G P YADAV

JUDGEMENT

(1.) B. S. Chauhan, J. This writ has filed against the impugned judgment and order dated 25-3-2003, by which the learned Central Administrative Tribunal has allowed the Application of the Respondent No. 1 and granted him the relief of reinstatement with all back wages along with confirmation of temporary status w. e. f. 1-9- 1993.

(2.) FACTS and circumstances giving rise to this case are that Respondent No. 1 had been engaged as part- time Farras vide order dated 27-3-1989. He had been granted enhancement from time to time. He made an application for giving him job on daily wages, which was accepted and he was allowed to work on full time. Acceptance of his request was approved vide order dated 23-3-1991 and he was being paid Rs. 27- 92 per day. Subsequently, Government of India framed the Scheme on 10-9-1993 for granting temporary status to daily wage employees for their regularisation. As the case of the said respondent workmen was not considered, he filed objection on 17-5-1993, making it clear that he had initially been engaged as a part-time employee. As his representation/objection was not considered, being aggrieved, he filed O. A. No. 1297 of 1994, which was disposed of by the learned Tribunal vide order dated 11-4- 2002, issuing direction to the authorities concerned to consider the case of the petitioner in terms of the Scheme dated 10-9-1993. In pursuance of the said order, his claim was considered and rejected vide order dated 27-7-2002. Being aggrieved, he again approached the learned Tribunal by filing O. A. No. 905 of 2002, which has been allowed by the impugned judgment and order. Hence this petition.

(3.) WE have considered the rival submissions made by the learned Counsel for the parties on this aspect and perused the record.