JUDGMENT

S.B. SINHA, J. - Leave granted.

2. Respondent is a driver. He sought for his recruitment in the Directorate of Telecommunications, Dimapur. He filed an application therefor on 30th January, 1984. Appellant herein in response thereto by its letter dated 30th January, 1984 stated :-

"With reference to your application dated 30.1.984, it is to intimate you that recruitment of Driver etc. is banned at present. Your case will be considered after the ban on recruitment is lifted.

Moreover you are directed to submit the employment exchange particulars, age, certificate etc. for consideration in due course of time."

3. Respondent, however, was appointed as a casual labour on daily wages. It was said to be on a need based one. He purported to have worked in that capacity from 11th March, 1989.

4. Respondent, however, was arrested by the police authorities in a case arising out of sub-section (6) of Section 34 of the Police Act. In connection therewith he had to undergo simple imprisonment for 8 days. He was also sentenced to pay fine of Rs.30/-.

5. He was not allowed to join back his duties.

6. He filed a writ petition before the Guwahati High Court, paragraph 7 whereof reads as under :-

"7. That the Petitioner respectfully states that in view of this he was a workman as defined under Section 2(s) of the Industrial Disputes Act, 1947. He was not holding any civil post nor belonging to any civil service and therefore his case does not fall within the jurisdiction of the Central Administrative Tribunal although he served under the Government of India."

7. He inter alia raised a contention that his services were terminated without meeting the statutory requirements as contained in Section 25-F of the Industrial Disputes Act, 1947. Furthermore he prayed for regularization of his services purported to be in terms of a scheme known as "Casual Labours (Grant of Temporary Status in Regularization) Scheme".

8 The prayer in his writ petition was as under :-

"In the premises aforesaid, the Petitioner respectfully prays that your Lordships may graciously be pleased to call for the records and issue Rule calling upon the Respondents to show cause as to why an appropriate Writ and or Direction shall not be issued declaring and adjudging the impugned action of termination of services of the Petitioner by the Respondents No. 2 and 3 as illegal, unconstitutional, null and void and/or why a Writ in the nature of Certiorari and/or Mandamus and/or any other appropriate Writ shall not be issued setting aside the impugned actions of Respondents and directing and commanding the Respondents to allow the Petitioner to continue in service as Muster Roll Labour (Driver) on daily rated wages and also consider case for regularization to be appointed against a regular post of Driver under the "Casual Labours (Grant of Temporary Status in Regularization) Scheme" with effect from 1.10.1989 and cause or causes being shown and upon hearing the parties be pleased to make the Rule absolute and/or pass any other or further orders as Your Lordships may deem fit and proper."

9. It, however, appears that a contention was raised on behalf of the appellants in the said proceedings that having regard to the provisions contained in Section 14 of the Administrative Tribunals Act, 1985 the writ petition was not maintainable. A learned Single Judge of the High Court while transferring the petition to the Central Administrative Tribunal, Guwahati Bench, noticed the said submission in the following terms :-

"4. At the outset, Mr. S.N. Chetia raised a preliminary objection regarding maintainability of this writ petition in view of the provision of Section 14 of the Administrative Tribunals Act, 1985. Mr. Bedi fairly concede to the submission of Mr. S.N. Chetia in view of the decision of the Apex Court rendered in Union of India & Ors Appellant vs. Deep Chand Pandey and Anr. . Respondents (1992) 4 SCC 432, it has been held by the Apex Court;

"Casual Railway employees engaged on d