2007 (2) TMI 703

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....he appellant herein was bound to invoke the said scheme in respect of its own employees. The validity or otherwise of the said Scheme came to be questioned before this Court. This Court passed an interim order. Pursuant thereto or in furtherance thereof, Respondent No. 1 herein was appointed on contract basis as Restorer on a consolidated monthly salary. His services indisputably were extended from time to time. The contention of the appellant is that the contract of the respondent's service was not renewed as the services of Respondent No. 1 were not required any further and, thus, by an order dated 24.12.2001 his services were terminated. Questioning the validity of the said order, a writ petition was filed by the Respondent bef....

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....y wage/ other category workers as per the above policy against the existing vacancies the existing instructions requiring permission of the DOP and FD for filling up the vacancies would not apply. Wherever for the absorption/ regularization of workers as per the above policy any Department's own Recruitment Rules come in the way, such provisions of the Recruitment Rules will stand relaxed." However, a clarification was sought for from the State Government by the Managing Director of the appellant by a letter dated 29.03.2001 as to whether the staff not being charged against any project or work is to be regularized or not; in response whereto, it was clarified: " It is clarified that those employees who are working in Corpora....

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.... policy decision of a State cannot be extended to a statutory Corporation unless it is permitted to do so by the statute. [See Pawan Alloys & Casting Pvt. Ltd., Meerut v. U.P. State Electricity Board and Ors. (1997) 7 SCC 251] Furthermore, when the terms and conditions of the services of an employee are governed by the rules made under a statute or the proviso appended to Article 309 of the Constitution of India, laying down the mode and manner in which the recruitment would be given effect to, even no order under Article 162 of the Constitution of India can be made by way of alterations or amendments of the said rules. A'fortiori if the recruitment rules could not be amended even by issuing a notification under Article 162 of the Const....