WAPCOS KARAMCHARI SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL these writ petitions involve common question of law, therefore, they are disposed of by this common order.

(2.) FOR the convenient disposal of all these writ petitions the facts given in the case of WAPCOS Karamchari Sangh, Bikaner vs. Union of India and others (S. B. Civil Writ Petition No. 2335 of 1992) are taken into consideration.

(3.) AS against this, learned counsel for the respondents has raised a preliminary objection that this writ petition is not maintainable for the simple reason that the respondent No. 2 i. e. WAPCOS is not a State within the meaning of Article 12 of the Constitution of India. Therefore, the present writ petition is not maintainable. It is also submitted that the appointments in the present case were contractual ones and therefore, by virtue of Section 2 (oo) (bb) of the Act of 1947 the laying off of the members of the petitioner ASsociation does not amount to retrenchment. Therefore, these incumbents are not entitled to the benefit of Section 25-F and Section 25-H of the Act of 1947.