LAWS(P&H)-2015-3-206

SACHIN SHARMA Vs. UNION OF INDIA AND ORS.

Decided On March 30, 2015
Sachin Sharma Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) Through the present petition, the petitioner has challenged the order dated 21.10.2014 (Annexure P-6) through which he has been ordered to be repatriated from the Chandigarh Building and other Construction Workers Welfare Board (hereinafter referred to as "the Board") to the Indian Red Cross Society Chandigarh, Union Territory Chandigarh Branch (hereinafter referred to as the "Society").

(2.) A few facts may be noticed. Through order dated 29.5.2006, the petitioner had been appointed by the respondent-Society as a Project Co-ordinator, on contract basis. Thereafter through order dated 21.7.2009, on creation of a post of Project Manager, the petitioner was appointed against the same by way of transfer. Vide order dated 10.7.2013, the petitioner was transferred to the respondent-Board with immediate effect "alongwith his lien" and in pursuance to the above order, he joined his services with the respondentBoard on 11.7.2013.

(3.) On 29.10.2013, in a meeting of the respondent-Board held under the Chairmanship of Labour Commissioner Chandigarh Administration, the proposal for taking the services of the petitioner as Assistant in the respondent-Board was approved and in pursuance thereof through order dated 23.12.2013, the petitioner was posted as an Assistant with the respondent-Board in the regular pay scale as admissible to Assistants working with the Chandigarh Administration. While the petitioner was discharging his duties as an Assistant, through order dated 21.10.2014 (Annexure P-6), he was ordered to be repatriated to the respondent-society. Laying a challenge to this order, the petitioner has approached this Court through the present writ petition.