UNION OF INDIA AND OTHERS Vs. DILIP BHUSAN

JUDGEMENT

(1.) The petitioner above named has assailed by this application the judgment and order of the learned Tribunal dated 7th Aug., 2000 passed in O.A. 74 of 2002. The learned Tribunal by its judgment and order has allowed the prayer of the applicant (respondent herein) and thereby and thereunder quashed the order dated 5th July. 2000 and directed to comply with the direction of the learned Tribunal passed in the earlier original application in its true spirit and issue appropriate direction regarding absorption of the applicant in the National Airport Authority (in short N.A.A.) and now named as Airport Authority of India (in short A.A.I.). In order to appreciate the matter short fact is required to be narrated.

(2.) The respondent was initially appointed as Aerodrome Assistant on 13th February. 1986 and posted at Durn Durn Airport under the Civil Aviation Dep ment when neither the separate body like N.A.A. nor the subsequent authority namely A.A.I. was in existence. By and under the provision of section 13 sub-section (3) of the National Airport Authorities Act, 1985 (hereinafter in short as the said Act) a separate body namely National Airport Authority was created.

(3.) Every employee holding any office under the Director General of Civil Aviation immediately before the commencement of this Act solely or mainly for or in connection with such affairs of the Directorate General of Civil Aviation as are relevant to the functions of the authority under this Act as may be determined by the Central Government shall be rested as on deputation with the authority but shall hold his office in the authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund. retirement or other terminal benefits as he would have held such office as if the authority had not been constituted and shall continue to do so until the authority duly absorbs such employee in its regular service.