AKHOURI SANJAY NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, prayer on behalf of the petitioner is to issue an appropriate writ, order or direction commanding the respondents to regularise/absorb him in service of the respondent -National Fertilizers Limited, a Government of India Undertaking, on the post of Peon -cum -Messenger in which his services are being so used for the last six years since 1994 purporting to be through a Contractor.

(2.) In short, the case of the petitioner is that he was initially engaged on daily wage basis through a Contractor on the post of Peon -cum -Messenger on a consolidated pay of Rs. 1,500/ - at the Patna Regional Office of the respondent -Company. According to the petitioner, the said post and the job is perennial in natuse and not seasonal. The petitioner has been discharging his duties to the satisfaction of the authorities for more than six years without any break in service as is done by a regular employee, ( but has been denied of the benefit as a regular employee, including the provident fund, E.S.I., medical reimbursement, etc. On several occasions the petitioner filed a representation before the respondent -Company to regularise/absorb him service, but no action has been taken by them.

(3.) On 30th December, 1998, vide Annexure 1, the petitioner again represented to the Managing Director of the respondent -Company for making him permanent and in pursuance of the same, the Deputy Manager, vide letter dated 8/17 January, 1999, contained in Annexure 2, asked the Regional Manager. Patna to send a detailed report on his engagement, salary date of engagement, etc. and requested for sending a copy of approval of his engagement also. The Additional Manager, vide letter dated 31.8.1999, contained in Annexure 4, sent desired information about the employment status of the petitioner in which he admitted about the payment of salary being made to the petitioner at the rate of Rs. 1,551.75. Again further information were sought for the Regional Manager, Patna, vide letter dated 31.12.99 contained in Annexure 5, with respect to the employment particulars of the petitioner, but thereafter, it appears that no further action has been taken and the petitioner thus has filed the present writ petition. The petitioner has also brought on record some of the photo copies of the bills containing the salary being paid to him which also bear the mode of payment and the receipts of the same by him.