LAWS(BOM)-2004-7-110

CHALIAMMA R KONAR Vs. UNION OF INDIA

Decided On July 08, 2004
PRAKASH SHANKAR GAJMAL Appellant
V/S
MEMBER, CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI Respondents

JUDGEMENT

(1.) PETITIONERS have filed this Petition under Article 226 of the Constitution of India and are challenging the order dated 10/03/1999, 18/03/1999, 06/12/1999, 10/02/2000 and termination order dated 01/05/1998. They are seeking an order of reinstatement with effect from 01/05/1998 with full back wages.

(2.) PETITIONERS are working in the establishment of respondent No. 2 - Director, Central Poultry Breeding farm, Aaray Milk Colony, Mumbai. Petitioners were working as labourers in or about 1977. Petitioners case is that after working for about 10 years, they were given status of temporary workmen and, therefore, they acquired protection under Article 311 of the constitution of India.

(3.) THE case of the petitioners is that since their services were not regularized, they filed an application to the Central Administrative Tribunal (For short "cat") being O. A. No. 347 of 1995. Services of the petitioners were terminated without giving any notice and without holding any inquiry. Petitioners, therefore, filed O. A. No. 430 of 1998 challengino the order of termination. The CAT rejected the application of the petitioners for grant of interim relief. Review Application was filed challenging the order dated 10/03/1999, refusing to grant interim relief. Since in the earlier application, interim order was passed on 12/06/1996, review Application was disposed of with liberty to the petitioners to file an application in the earlier O. A. No. 347 of 1995. Petitioners also filed Contempt petition. Both, the Contempt Petition and the Misc. Application were heard and disposed of. Petitioners have preferred this Writ Petition challenging refusal to grant interim relief by the CAT vide its order dated 10/3/1999 as also dismissal of the Misc. Application in the earlier O. A. No. 347 of 1995 vide order dated 10/02/2000 passed by the CAT as also dismissal of the Contempt Petition by CAT vide its order dated 6/12/1999.