INDIAN RAILWAY CONSTRUCTION CO LTD Vs. LAL MOHAMMAD

JUDGEMENT

(1.) These special appeals are directed against a common judgment and order dated 7.12.1993 of a learned single Judge by which Writ Petition Nos. 32651 of 1993, 18561 of 1993, 34786 of 1993, 44416 of 1993 and 32500 of 1993 filed by the respondents in the appeals were allowed and the notices dated 20.8.1993 and the termination orders dated 4.9.1993 were quashed and a further direction was issued that they shall continue on their Jobs and shall be paid their salary. Writ Petition No. 32651 of 1993 was treated as the leading case by the learned single Judge and, therefore, Special Appeal No. 34 of 1994 which is directed against the Judgment given in the aforesaid petition shall be treated as the leading appeal.

(2.) The appellant No. 1 Indian Railway Construction Company Ltd. [for short I.R.C.O.N.) is a wholly owned Government company and carries on the business of construction of Roads, Buildings. Bridges and Railway tracking, etc. The writ petitioners (respondents in the appeal) were appointed by the appellants on a casual ad hoc basis on consolidated monthly emoluments on different dates between 1984-1987. After completion of one year training and passing a written and oral examination, they were placed in the grade of Rs. 260-400. All the writ petitioners were appointed in the Anpara Project of the appellant which was for construction of a railway line for a distance of 54 Kms. A notice dated 20.8.1993 was given to each of the writ petitioners and relevant part of one such notice which was given to Azad All (respondent No. 4) is reproduced below.

(3.) Pending grant of clarification by the Hon'ble High Court of Judicature, Allahabad, if need be, in accordance with order dated 27th May, 1993 of the Hon'ble High Court, you are placed on panel in the order of seniority. Employment at other projects will be offered to you as and when vacancy befitting the work done by you at this project or suitable for your working, arises at any of the company's project in India. Offer of employment will be made in accordance with seniority, you have acquired at this project.