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1998 Supreme(Pat) 443

A.K.PRASAD, R.A.SHARMA
Engineering Products (India) Limited – Appellant
Versus
Dandapani Maharana – Respondent


Judgment

R.A.Sharma, J.

1. Six persons (hereinafter to be called as the workmen) who were working in a project/scheme at Jamshedpur belonging to the Government of India undertaking known as the Engineering Projects (India) Limited (hereinafter referred to as the EPL) filed C.W.J.C. No. 1123/96 (R) before this Court seeking declaration that the continuous employment of employees described as Project duration employees and posting from project to project and location to location treating them as temporary employees for a considerable period is ultra vires Articles 14, 16 and 21 of the Constitution as the same amounts to unfair labour practice. Prayer for appropriate direction to the respondents to regularise the services of the workmen was also made.

2. In sum and substance the relief claimed in the said writ petition was for a direction upon the respondents to regularise the services of the workmen. After the writ petition was filed services of four of the workmen i.e., writ petitioners Nos. 1,2,5 and 6 were terminated vide order dated June 29, 1996, issued by the Project Incharge of the EPL due to tapering of office activities at TISCO COBP site. Thereafter, the workmen made an appl






























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