MELA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against the judgment and order dated 17.11.2000 rendered by the learned Single Judge of this Court while disposing of SWP No. 2277/2000. All the appellant-petitioners had been working as Mazdoor in the office of Bharat Sanchar Nigam Limited and they worked from 1976 to 1986 at daily rated basis for different spells arranging from 4 to 10 years.

(2.) KEEPING in view the various pronouncements of the Hon 'ble Supreme Court like (i) "B. V. Sivaish and others vs K. Addanki Babu & others " (1990) 6 SCC 720, (ii) "Life Insurance Corporation of India Vs Jyotish Chandra Biswas " (2000) 6 SCC 562 and (iii) "Jagdish Lal & ors. Vs State of Haryana & ors " AIR SC 2366, the learned Single Judge came to the conclusion that the right of the appellant-petitioners were defeated by virtue of delay and laches. The basic reason for ruling in the aforesaid manner was that the order was passed in favour of the appellant-petitioners on 24.11.1992 which indicated that all those who were working from 1985 as daily wagers should be taken back in service. Despite the fact that the petition was dismissed on the ground of delay and laches. The learned Single Judge in the concluding para observed as under:

(3.) IT appears that the respondent-department on its own proceeded to give effect to the observation made by the learned Single Judge. All the appellant-petitioners have been absorbed in service except three, namely, Bal Krishan, Mulkh Raj and Ranjit Kumar. The action of not absorbing them was challenged by filing SWP No. 558 of 2010 which later on was transferred to the Central Administrative Tribunal and registered as TA No. 22/JK/2011. The other writ petition registered as SWP No. 262 of 2006 has already been transferred to the Tribunal, which is also pending consideration there.