Rakesh Tiwari, J.

Heard Sri Vivek Ratan, counsel for the petitioiner; Sri S.D.Pandey, counsel for the respondent; and perused the record.

2. Counter and rejoinder affidavits have been exchanged. The counsel for the parties pray that the petition may be decided finally and they are prepared to argue the case, hence the petition is being decided at the stage of admission itself.

3. The petitioner has challenged the impugned award dated 31.10.2002 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Lucknow, respondent No. 2 (hereinafter referred to as the C.G.I.T.).

4. The petitioner is a limited company incorporated under the Companies Act, 1956 having its registered office at Palika Bhavan, Sector XIII, R.K.Puram, New Delhi. It is a company is under the administrative control of the Ministry of Railways (Railway Board) carrying on business in construction activities of Railways in India and abroad on commercial basis. Apart from having their regular establishment the Company also employs work-charge employees at the construction site in the projects.

5. It appears that respondent No. 1 applied for appointment in Accounts Section of the regu