K SURI BABU Vs. NUCLEAR FUEL COMPLEX HYDERABAD

JUDGEMENT

(1.) WHETHER the writ petitioners are governed by the Industrial Employment Standing orders (for short "the Standing Orders")certified under the Industrial Employment (Standing Orders) Act, 1946 (for short "the act") or the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short "the Rules"), is the common question involved in these two writ petitions, which were, hence, heard together and are being disposed of by this common order.

(2.) THE petitioner in W. P. No. 9541 of 2008 was appointed as Helper/a on adhoc basis in an industrial temporary establishment of Nuclear Fuel Complex, hyderabad with effect from 26-5-2001. His other terms and conditions of appointment were stated to be those already communicated to him in a letter dated 5-5-2001. He claimed to have been declared as an approved probationer with effect from 25-5-2002 and to have received a memorandum dated 23-4-2003 from the administrative Officer calling upon him to explain why disciplinary action cannot be taken against him under the Rules for submitting a fake educational certificate to secure employment in the Nuclear Fuel complex, Hyderabad. After the petitioner's reply dated 10-5-2003 claiming the transfer certificate produced by him to be genuine, a memorandum dated 7-7-2007 framing charges under Rule 14 of the Rules, was communicated by the Administrative Officer/ disciplinary Authority. An inquiry authority and a presenting officer were appointed by the memorandum and the petitioner informed by a letter dated 3-9-2007 that the Rules are not applicable to him, but only the Industrial standing Orders would apply, which was denied by the reply dated 22-10-2007. Though the petitioner reiterated his stand by a letter dated 30-10-2007, the inquiry officer proposed to hold the inquiry on 9-2-2008, on which he filed O. A. No. 101 of 2008 before the Central Administrative Tribunal, hyderabad Bench (for short "the Tribunal" ).

(3.) THE Tribunal in its order dated 18-3-2008 referred to the appointment letter issued to the petitioner on 5-5-2001 stating that the other terms and conditions of his service including discipline will be governed by the rules as applicable to Central government employees of his status from time to time, while the leave entitlement will be as admissible to industrial employees in departmental undertakings. Finding no ambiguity in this regard, the Tribunal also referred to the letter from the Deputy secretary, Department of Atomic Energy dated 10-8-1979 and the Circular of the Chief administrative Officer, dated 12-5-2005. In the later Circular, Section 13-B of the Act was referred to as excluding the Nuclear fuel Complex, Hyderabad from the purview of the Act and it was reiterated that the Act does not apply to the personnel working in nuclear Fuel Complex, Hyderabad, which is following always the Rules and other rules from the beginning. Accepting the unequivocal and unambiguous stand of the department of Atomic Energy, the Tribunal dismissed the application at the stage of admission holding that the employees of the nuclear Fuel Complex, Hyderabad are governed by the Rules.