PAWAN KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER filed C.W.J.C. No. 7825 of 1992 Pawan Kumar Jha v. The Union of India and Ors. Inter alia, praying for issuance of a writ in the nature of mandamus commanding Bharat Petroleum Corporation Ltd. to appoint/absorb him to the post of genera! workman/general operating staff in any of the depots of the Corporation. Said writ application came up for consideration before this Court and by order dated 26.7.1995, was disposed of in the following words: Having heard the parties, I hold that no writ can be issued at this stage for regular appointment of the petitioner to the post of general work-man there being no such post lying vacant under the respondent Corporation. However, I observe that whenever a regular post of general work-man or equivalent post will fall vacant at Katihar, respondents will consider the case of the petitioner for such appointment in terms with Section 25H of the Industrial Disputes Act 1947. I further make it clear that if the respondents take work by way of stop-gap arrangement, with respect to the said post, in that case, they will give preference to the petitioner over the persons who have not yet been selected at the time of regular appointment. If the petitioner becomes over age, it is desirable that the respondents shall consider the case of the petitioner for relaxation of his age bar.

(2.) COMPLAINING non-compliance of the aforesaid order, this application has been filed. It has been stated that although regular post of general work-man exists but the petitioner has not been appointed to the said post. His assertion further is that opposite parties are not taking work by way of stop gap arrangement also although he is willing to work as such.

(3.) FROM the show cause, it seems that the opposite parties do not intend to fill up the post and on that account, non-consideration of the case of the petitioner cannot be said to be in breach of the order of this Court.