REGENT COMPUTRONICS PVT. LTD.

MAHESH KUMAR Appellant

V/S

PRESIDING OFFICER Respondents

Referred Judgements :-

HIMANSHU KUMAR VIDYARTHI V. STATE OF BIHAR [REFERRED]
RATTAN SINGH VS. UNION OF INDIA [REFERRED]
ALLAHABAD JAL SANSTHAN VS. DAYA SHANKAR RAI [REFERRED]
GENERAL MANAGER HARYANA ROADWAYS VS. RUDHAN SINGH [REFERRED]
U P STATE BRASSWARE CORPORATION LTD VS. UDAI NARAIN PANDEY [REFERRED]
STATE OF U P VS. NEERAJ AWASTHI [REFERRED]
MUNICIPAL COUNCIL SAMRALA VS. RAJ KUMAR [REFERRED]
SECRETARY STATE OF KARNATAKA VS. UMADEVI [REFERRED]
U P S R T C LTD VS. SARADA PRASAD MISRA [REFERRED]
H U D A VS. JAGMAL SINGH [REFERRED]
MANAGER NOW REGIONAL DIRECTOR R B I VS. GOPINATH SHARMA [REFERRED]
MUNICIPAL COUNCIL SAMRALA VS. SUKHWINDER KAUR [REFERRED]
GANGADHAR PILLAI VS. SIEMENS LTD [REFERRED]
INDIAN DRUGS AND PHARMACEUTICALS LTD VS. WORKMAN INDIAN DRUGS AND PHARMACEUTICALS LTD [REFERRED]
J K SYNTHITICS LTD VS. K P AGRAWAL [REFERRED]
C S AZAD KRISHI EVEM PRODYOGIKI VISHWA VS. UNITED TRADES CONGRESS [RELIED ON]

JUDGEMENT

(1.) The Co-ordinate Bench of this Court on July 19, 2007 passed the following order:

(2.) The ratio of above said judgments has been reiterated by this Court to say that unless an employee is appointed as per rules and regulations, his appointment cannot be treated to be consistent with Articles 14 & 16 of the Constitution. Appointment given de hors the rules and regulations is liable for termination and is covered under Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (for short "the Act") and thus does not amount to retrenchment. It has been also held that reinstatement of workman in public employment will not be consistent with Article 14 unless a workman had been appointed by following rules and regulations.

(3.) To distinguish the judgments in the order dated July 19, 2007, learned counsel for the petitioner has placed reliance upon Chandra Shekhar Azad Krishi Evam Prodyogiki Vishwa Vidyalaya v. United Trades Congress and Another (2008)1 Supreme Court Cases (L&S) 504.

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MAHESH KUMAR Vs. PRESIDING OFFICER

Referred Judgements :-

JUDGEMENT

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