BUPAI T Vs. DIRECTOR NATIONAL REMOTE SENSING AGENCY

JUDGEMENT

(1.) Heard.

(2.) We do not propose, in the instant case, to go into the question whether National Remote Sensing Agency (NRSA), Department of Space, Government of India, Balanagar, Hyderabad, is a "State" for the purposes of Article 226 of the Constitution of India, or an "Industry" for the purposes of Industrial Disputes Act, 1947. We cannot also find any such error in the impugned judgment from which we can hold that the respondents in the appeal had no cause to remove/retrench the petitioner - appellant, or terminate his services. The impugned order of the learned single Judge, thus, cannot in the absence of such adjudication, be said to be bad. In course of hearing, however, it has transpired that there has been nothing adverse to the petitioner -appellant during the period he served as Draughtsman allegedly on ad hoc/ contract basis and he was found fit for such job when he was selected as per Advertisement No.6/91 for appointment as Draughtsman. He has satisfactorily served respondents for about four years. We do not have however, any information whether any person has been engaged for work subsequent to the appointment of the petitioner - appellant while he was in service or even after his termination. We, however, are of the view that in case there is any future vacancy, petitioner - appellant's experience must come to his aid and he should not be denied consideration for ad hoc/temporary/ regular appointment only because he has become age-barred. The petitioner appellant, accordingly, can apply in the event of any vacancy in future, and the respondents shall consider the same in the light of the observations made above.

(3.) With the observations, as above, the appeal is dismissed.