VIJAY KUMAR SHARMA Vs. EXECUTIVE ENGINEER PUBLIC HEALTH

JUDGEMENT

(1.) AS the factual matrix and questions of law are common this batch of writ petitions was heard analogously and is disposed of by this common order. For the sake of clarity and convenience the facts in Writ Petition No. 60/2000 herein are adumbrated.

(2.) THE facts as have been uncurtained are that the Public Health Engineering Department required services of certain Pump Operators and accordingly a requisition was sent to the Project Commandant. In the process of selection the petitioner was found suitable for appointment against the vacant sanctioned post of a Pump Operator. He joined the post in Sub-Division No. 29 which was managed and controlled by the Sub-Divisional Officer, Public Health Department, Ambikapur, the respondent No. 2 herein. While he was performing his duties there was no complaint whatsoever, against him. However, his services were orally terminated with effect from 30-4-1992. Before termination of his services no opportunity of hearing was afforded to the petitioner and no enquiry was held. In this background the petitioner filed an application under Section 31 (3) of the M. P. Industrial Relations Act, 1960 (hereinafter referred to as 'the Act' ). Along with the said application an application under Section 5 of the Limitation Act was also filed.

(3.) THE respondents No. 1 and 2 resisted the claim of the petitioner contending, inter alia, that the petitioner was employed on daily wage basis by way of adhoc arrangement and he was never appointed against any permanent vacancy. It was also set forth that there was no relationship of employer and employee between the parties. It was also highlighted that the salary of the petitioner was being paid by the Project Commandant. It was also stated that as the petitioner was a daily wage employee there was no necessity for holding of an enquiry. An objection was also raised that the application preferred by the petitioner under Section 31 (3) of the Act was barred by limitation.