GANGARAM N SHIRODKAR Vs. MECHANICAL ENGINEER

JUDGEMENT

(1.) The above three appeals will be disposed of by this common judgment.

(2.) Appellants were appointed as painters on a temporary basis with effect from 4-11-1957 by the West of India Portuguese Guaranteed Railway Co. Ltd. (hereafter referred to as the Railway Co. Ltd.) on a monthly salary of Rs. 90/- vide letter Exh. D-1 issued by the Chief Mechanical Engineer Mormugao Harbour. In course of time the Railway company came under the management of the Mormugao Port Trust and plaintiff/appellants became the workers under the Port Trust.

(3.) The Carriage and Wagon Chargeman attached to the Mormugao Port Trust workshop ordered the appellants to paint, the cranes placed at the Harbour. The appellants declined to do so on the ground that they were employed only for painting Railway wagons and they could not be detailed to paint the cranes. On 25-9-1965 the Mechanical Engineer of the Port Trust sent a notice Exh. 1 to the effect that the appellants were absconding from duty with effect from 21-9-1966. There was a warning that in case of failure of the appellants to . report to duty by 28-9-1965 they will be treated as having abandoned their contract of employment from 21-9-1965. Appellants did not report to duty and their names were struck off the muster roll with effect from 21-9-1965. Appellants in their separate suits prayed that they be reinstated to the posts held by them with all the benefits, with retrospective effect.