LAWS(GAU)-2024-11-35

ARABINDA BORO Vs. UNION OF INDIA

Decided On November 12, 2024
Arabinda Boro Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. P. J. Phukan, learned counsel for the review petitioner and Mr. S.P. Chou-dhury, learned counsel for the respondents.

(2.) This is a review petition filed by the petitioner against the Judgment and Order dtd. 26/8/2022 passed in WP(C) no. 301/2014. The grounds for filing the instant review petition has been cited mainly in paragraph nos. 4, 5, 6, 7 and 8 of the review petition and the same has been extracted there from for ready perusal.

(3.) Referring to the grounds of the review petition Mr. P. J. Phukan, learned counsel for the review petitioner submits that the petitioner was engaged no doubt on contract basis but his employment having subsisted for a fairly long period of time, he is in the status of a temporary employee and therefore the respondents ought to have not terminated him from service and instead consider him for regularization. In support of his submission the learned counsel has relied upon the cases of (i) Somesh Thapliyal Vs. HNB Garhwal University (2021) 10 SCC 116 (ii) Haryana Vs. Piara Singh (1992) 4 SCC 118 (iii) V.P. Ahuja Vs. State of Punjab and Ors. (2000) 3 SCC 239 (iv) ABL International Ltd and Anr.Vs. Export Credit Guarantee Corporation of India ltd and Ors. (2004) 3 SCC 553 and (v) Momi Nath Vs. District and Sessions Judge, Golaghat and Ors. 2001 (2) GLT 426.