SHIBESH PAUL Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) The petitioner was working as a contract labourer through a contractor in the Durgapur Steel Plant since the year 1978. In an accident in the plant he lost his left forearm which had to be amputated. In the year 1994 when the authorities of the plant were going to appoint some unskilled labourers, the petitioner applied for regularization absorption which was not responded to. The petitioner in the circumstances filed a writ petition seeking a mandamus which was disposed of by B. P. Banerjee, J. as His Lordship then was, by an order dated 26th September, 1994 by which the authorities were directed to dispose of the representation of the petitioner by a reasoned order. The Chief Personnel Manager of the Durgapur Steel Plant by his letter dated 12/13th January, 1995 rejected the prayer for absorption on the ground that the writ petitioner was medically unfit. The petitioner once again invoked writ jurisdiction of this Court. His writ petition was registered as C. O. No.17397 (W) of 1995. The petition was allowed by D.K. Basu, J. as His Lordship then was, by an order dated 30th June, 1997 by which the authorities were directed to absorb the writ petitioner. To be precise the operative portion of the judgment and order was as follows:-

(2.) The Steel Authority preferred an appeal. From a supplementary affidavit affirmed on behalf of the Authorities it appears that on 13.11.97 a Division Bench presided over by S.B. Sinha and R. K. Mitra, JJ. as Their Lordships then were stayed the operation of the order dated 25th February, 1997. The appeal was finally dismissed by a Division Bench presided over by A.K. Mathur, C.J. and Ranjan Kumar Mazumdar, J. as Their Lordships then were by a judgment and order dated 23rd June, 2000 on the basis of the following reasons:-

(3.) The Steel Authority preferred a special leave petition challenging the order of the Division Bench which came up for hearing before the Supreme Court on 28th November, 2000 when Their Lordship passed the following order:-