BRAJA RAJ PADHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition has been filed with the following prayer : -

(2.) THE petitioners are all ex -servicemen, who after rendering service for about 15 to 20 years were discharged from Defence service between the period 1988 -1996. None of them is below Matriculate while some of them are even Law Graduates. They were appointed in different ranks such as Sergeants, Corporals, Havildars, Naiks etc. in Indian Air Force and Indian Army and were working as Equipment Assistants, Weapon fitters, Radio fritters, Air Frame fitters, Electrical fitters etc. having acquired in -service technical qualification like Diploma in mechanical Engineering/technology, Radio electronics etc. The petitioners, all of whom had held Group -C posts in defence service, after discharge, registered their names in their respective Zilla Sainik Boards for sponsing their names against reserved posts for Ex -servicemen falling vacant under different establishments in the State of Orissa, on due requisition, as envisaged under Ex -servicemen (Re -employment in Central Civil Services and Posts) Rules 1979 (hereinafter referred to as '1979 Rules). As per the case of the petitioners no such requisition was ever made by any of the establishments in the State of Orissa, except by the Rourkela Steel Planting one or two occasions. The Rourkela Steel Plant vide its requisition letter No.130 dated 31.3.1997 requisitioned to the Zilla Sainik Boards for sponsoring names of ex -servicemen to fill up 50 posts of Khalasi (Semi -skilled workers) under certain terms and conditions including the condition of undergoing training for six months on a stipend of Rs.1100/ - per month. Considering their poor financial condition the Zilla Sainik Boards sponsored names of the petitioners for the said posts. After successful completion of the training period, they were appointed as Khalasi/semi -skilled workers on a pay of Rs.2100/ - per month. Their in -service technical qualifications and past experiences were not taken into consideration while giving them appointment and considering their eligibility for promotion and allotment of residential quarters. Hence the Writ Petition, seeking the aforesaid reliefs.

(3.) ADMITTEDLY , the petitioners are workmen. Industrial Dispute as defined under Section 2(k) of the Industrial Dispute Act reads as follows : -