ANUP KUMAR DAS GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners 235 in number are presently working as executives in Indian Iron and Steel Company (IISCO) a subsidiary of Steel Authority of India Limited ( S.A.I.L. ). Petitioners' case is that they were appointed by S.A.I.L. to Join I.I.S.C.O. Petitioner nos. I to 154 are presently working at I.I.S.C.O. , Bumpur. The petitioner nos. 155 to 185 are presently working at I.I.S.C.O. , Kulti. The petitioner nos. 194 to 206 are presently working at I.I.S.C.O. , Calcutta and the petitioner nos. 186 to 193 and 235 are presently working at I.I.S.C.O. , Ramnagar Colliery., The petitioner nos. 207 to 234 were appointed by S.A.I.L. .

(2.) It is the specific case of the petitioners that pursuant to the advertisements inviting applications petitioner participated in the selection process and were successful. S.A.I.L. selected them for appointment and issued offer of appointment. S.A.I.L. posted the petitioners to Indian Iron and Steel Company, (I.I.S.C.O.). In this regard by way of illustration two letters of appointment have been annexed to the writ application and marked Annexure 'P'. It is contended that from the said action of S.A.I.L. it is clear that the petitioners formed an intergral part of the S.A.I.L. organization. The decision to appoint petitioners and post them to different plants/units/subsidiaries of S.A.I.L. , namely I.I.S.C.O. and various units of I.I.S.C.O. , was taken by S.A.I.L. itself. The petitioners (selected candidates) had no say with regard to such posting. They had also no option to choose their place of posting but they were obliged to service S.A.I.L. and or its subsidiry being I.I.S.C.O.

(3.) Much emphasis has been placed upon the advertisement published for recruitment wherein it was mentioned that the "Steel Authority of India Limited" requires Management Trainees to man first line executive positions of its steel plants. The advertisement further mentioned that selected candidates will execute a bond to serve the S.A.I.L. or any of its steel plants/units/public sector to which their services may be transferred for a minimum period of,five yer The bonds were executed in favour of S.A.I.L. (Annex. P-6).