NANDKUMAR SURESH MAYEKAR Vs. DABHOL MAHARASHTRA

JUDGEMENT

(1.) The Petitioner is working under the respondents as a seaman since 1st March 1988. The grievance of the Petitioner is in connection with not giving him benefit of permanency even though he is in the employment of the Respondents since more than 21 years. The Petitioner was appointed on 1st March 1988 as a seaman on daily wages basis and he is in continuous service as on date.

(2.) So far prayer regarding regularisation is concerned, the Petitioner preferred an Original application No.529 of 1999 before the Central administrative Tribunal, Mumbai Bench. The tribunal by its order dated 31st January 2001 dismissed the said Original Application No.529 of 1999 by holding that the tribunal is not competent to order regularisation, in absence of the Applicant" s posessing the requisite educational qualification. It is pertinent to note that the tribunal on the very same day decided and allowed other three Original applications being O. A. Nos.528/99, 530/99 and 548/99. So far as the aforesaid three Original applications are concerned, the Applicants in those three Original Applications had also prayed for regularisation of their services as they were also appointed as daily wages " seaman" i. e on the same basis as the present Petitioner.

(3.) The Department opposed all the Original applications before the tribunal. The stand of the department was that since the Applicants in all the original Applications were not appointed through the employment Exchange and they were not possessing requisite educational qualifications as they have not passed standard VIII to get the benefit of regularisation. It is required to be noted that point involved in the said three Original applications and the Original Application of the present Petitioner was identical. The tribunal by its order, passed on the same day i. e. On 31st January 2001, allowed the aforesaid three Original application Nos.528/99, 530/99 and 548/99, but dismissed the Original Application No.529 of 1999 of the present Petitioner.