TMI Blog1996 (2) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... me to be appointed as a substitute w.e.f. 21-9-1991 without observing any formality of appointment, as a stop-gap arrangement. It would appear that N.G. Malik had not reported for duty after the training and the respondent continued in the post of ED Packer. On 2-8-1993, without notice, he was terminated from service. He approached the CAT, Ahmedabad Bench in OS No. 51 of 1994 and same are the facts in all other cases. 4. The Tribunal by its impugned order dated 12-5-1994 allowed the case, set aside the orders of termination of Sailesh Kumar on the ground that the appellant is an industry and the respondent is a workman governed by the Industrial Disputes Act, 1947 (for short, 'the Act'). Under Section 25-F, no notice was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 6. Having regard to the contentions, the question arises whether the appellant is an industry ? India as a sovereign, socialist, secular, democratic republic has to establish an egalitarian social order under rule of law. The welfare measures partake the character of sovereign functions and the traditional duty to maintain law and order is no longer the concept of the State. Directive Principles of State Policy enjoin on the State diverse duties under Part IV of the Constitution and the performance of the duties are constitutional functions. One of the duties of the State is to provide telecommunication service to the general public and an amenity, and so is an essential part of the sovereign functions of the State as a welfare State. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right to appoint even the teachers as Extra-Departmental Agents. Rule 10 prescribes the method of appointment of the teachers as Extra-Departmental Agents. Rule 11 prohibits employment of a near relation in the same office. Rule 12 prescribes appointment of ED Branch Postmaster by Inspectors. Rule 13 prescribes provisional appointment of Extra-Departmental Agents. 8. The scale of pay has been prescribed in Section V and for calculation of consolidated allowance instructions are issued from time to time under Rule 2.1 dealing with Extra-Departmental Sub-Postmaster/ED Stores/Ed Sub-Record Clerks. The basic allowance payable to them shall be subject to a minimum of ₹ 385 per month and a maximum of ₹ 620 per month The workload o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. Rule 7 prescribes the nature of the penalties which reads as under 7. Nature of penalties. - The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an employee by the appointing authority, namely (i) Censure; (ii) Debarring of ED Agents from appearing in the recruitment examination for the post of postman and/or from being considered for recruitment as Postal Assistants/Sorting Assistants for a period of one year or two years or for a period not exceeding three years; (iii) Debarring of ED Agents from being considered for recruitment of Group 'D' for a period not exceeding three years; (iv) Recovery from allowance of the whole or part of any pecuni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e which will also be done according to the rules. He may be considered if he is found eligible and may be appointed to the post per rules. 13. The appeals are accordingly allowed. CA No. 3387 of 1996 (@ SLP (C) No. 2593 of 1994) 14. Leave granted. 15. The facts of this case are that the respondent was selected on regular basis as substitute to Extra-Departmental Packer at Calicut. While he was working, recruitment was made by calling the names from the Employment Exchange. Since his name was not sponsored, he was terminated from employment. In view of the reasoning given above, he being temporary working candidate, he cannot get any right; however, his case is directed to be considered along with other candidates and if he is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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