A.K.MATHUR, ALTAMAS KABIR
LAL MOHAMMAD – Appellant
Versus
INDIAN RAILWAY CONSTRUCTION CO. LTD. – Respondent
Judgment
A.K. MATHUR, J. - These appeals are directed against the order passed by the Allahabad High Court dated 21 - 5 - 2004 whereby the Full Bench of the High Court has disposed of all the writ petitions filed by the workmen against Indian Railway Construction Co. Ltd. (hereinafter referred to as "the Company") and the Regional Manager, IRCON, Rihand Nagar, Sonebhadra. The Full Bench held that the petitioners are not entitled to benefit of continuation of service or regularisation as the project stood closed on 6 - 2 - 1998. It was held that project stood completed in all respects except necessary electric or other odd works left over. It was also held that the petitioners did not apply for recruitment in service of the Company as per the service rules and those who appeared and were found suitable were selected and appointed under the service rules of the Company but others who could not appear, their services were terminated in accordance with law. Hence, in total analysis, it was held that sentiments must yield to the cold logic of law, however hard the case may be. Hence all writ petitions were dismissed.
2. It would be necessary to recapitulate the facts giving rise to thes
Hariprasad Shivshanker Shukla v. A.D. Divelkar AIR 1957 SC 121
Lal Mohd. v. Indian Rly. Construction Co. Ltd. (1999) 1 SCC 596 : 1999 SCC (L&S) 335
S.M. Nilajkar v. Telecom District Manager (2003) 4 SCC 27: 2003 SCC (L&S) 380
Mahendra L. Jain v. Indore Development Authority (2005) 1 SCC 639: 2005 SCC (L&S) 154
Hindustan Steel Ltd. v. Workmen (1973) 3 SCC 564 : 1973 SCC (L&S) 195
Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978) 2 SCC 213 : 1978 SCC (L&S) 215
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