UMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri W.H. Khan, the learned Senior counsel assisted by Sri J.H. Khan, the learned counsel for the petitioner and the learned Standing counsel for the respondents.

(2.) The admitted facts as culled out from the pleadings before the labour court is, that the petitioner, who is a workman was appointed as a part time Tubewell Operator by an order dated 11th March, 1987 for a period of three years to work on Tubewell No. 1 NBG. The appointment letter clearly indicated that his services would come to an end on 14th March, 1990. When the term was coming to an end, the petitioner filed a writ petition no. 2725 of 1990 and obtained an interim order dated 21st March, 1990, whereby the Court allowed the petitioner to continue to work provided the Tubewells and the post were available. It is not known as to whether, the petitioner was permitted to work in terms of the interim order as the Court does not find any pleadings to that effect. On 20th March, 1992, the State Government issued a Government Order indicating that the nomenclature of the post of part time Tubewell Operator would be changed to Assistant Tubewell Operator and that these Tubewell Operators would work for a period of three hours in a day and that the remaining time could be utilized by them for other work. It was also indicated that, in the event, the tubewell failed or there was no requirement of work, the services of these Assistant Tubewell Operators would be dispensed with in terms of the State Government Order.

(3.) The petitioner was given an appointment letter on 14th May, 1992 for a period of three years. In this appointment letter, it was clearly indicated that his services was limited to three years as an Assistant Tubewell Operator and that he would be allowed to work only for three hours, and thereafter, it was open to the petitioner to do whatever kind of work. It was also indicated that, in the event, the tubewell failed or his services were no longer required, in which case, his services would be dispensed with.