H.L.DATTU, D.K.JAIN
Union of India – Appellant
Versus
Vartak Labour Union – Respondent
JUDGMENT
D.K. Jain, J. —
1. Challenge in these appeals, by special leave, is to the judgments and orders dated 27th March, 2001 and 22nd January, 2003 delivered by a Division Bench of the Gauhati High Court at Guwahati in Writ Appeal No. 548 of 1996 whereby it has directed appellant No.1 viz. Union of India to regularize the services of the members of the respondent Union, employed by the Border Roads Organization (for short the “BRO”), as postulated in Office Memo No. Sectt. BRDB ID No. BRDB/04(90)/99- GE-II dated 2nd February, 2001. Appellants No. 2 to 17 are the functionaries of appellant No. 1.
2. Shorn of unnecessary details, the facts essential for adjudication of the present appeals may be stated as follows:
The respondent is a registered trade union comprising of casual workers employed by the BRO, in terms of paragraph 503 of the Border Road Regulations (for short “the Regulations”), some of whom have been working with the BRO for the last thirty years. In the year 1993, the respondent filed a writ petition before the Gauhati High Court praying for issuance of a writ, inter-alia, directing appellant No.1 to regularize the services of the members of the respondent.
3. Vide
Rameshwar Dayal Vs. Indian Railway Construction Company Limited & Ors, (2010) 11 SCC 733
R. Viswan & Ors. Vs. Union of India & Ors, (1983) 3 SCC 401
Secretary, State of Karnataka & Ors. Vs. Umadevi (3) & Ors., (2006) 4 SCC 1
Official Liquidator Vs. Dayanand & Ors. (2008) 10 SCC 1
Sethi Auto Service Station & Anr. Vs. Delhi Development Authority & Ors, (2009) 1 SCC 180
Jasbir Singh Chhabra & Ors. Vs. State of Punjab & Ors, (2010) 4 SCC 192
State of Karnataka & Ors. Vs. Ganapathi Chaya Nayak & Ors. (2010) 3 SCC 115; Relied. (Para 16)
Union of India & Anr. Vs. Kartick Chandra Mondal & Anr.; (2010) 4 SCC 179
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