TMI Blog2006 (2) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... er, stating: Shri Vinod Bharga has left the services from this Office and now Shri S.C. Pandey has been temporarily appointed as a Typist w.e.f. 16th September, 1985. The original application of Shri Pandey is enclosed herewith. Please issue necessary orders. He appears to have been appointed an daily wages. His services were terminated by an order dated 18.7.1987 with immediate effect by the Regional Manager on the ground that his services were no longer required. On or about 23.8.1987, assailing the said order of termination, he filed an application before the Presiding Officer, Labour Court No. 2, Gwalior wherein an interim order was passed not to remove him from services. Although, the order had been given effect to, but i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. The Labour Court without considering the contentions raised by the appellant - Corporation held: Since the petitioner is in continuous service of the respondents in compliance of the interim orders of this Court and it has already been decided that the petitioner is entitled to be regularized on the post of Typist, therefore, the respondents are hereby directed to regularize/classify the petitioner on the post of typist within a period of 30 days of this order with effect from 6 months after 16.9.1985 and will also pay to the petitioner the difference between regular pay scale of permanent post and pay scale given to him, from the date of his regularization along with other consequential benefits. An appeal preferred by the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant-Corporation in assailing the judgment of the High Court, would contend that as the respondent herein had not been able to establish that he was appointed in the services of the appellant-Corporation in terms of the provisions of the regulations governing selection and appointment, the impugned order cannot be sustained. Reliance, in this behalf, has been placed on Mahendra Lal Jain Ors. v. Indore Development Authority Ors. [(2005) 1 SCC 639] . Mr. Ashok Mathur, the learned counsel appearing on behalf of the respondent, on the other hand, submitted that as a finding of fact has been arrived at that there was a clear vacancy, and as he has satisfactorily worked for a period of more than six months, he was rightly held entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er he does not derive any legal right; (3) Only because an employee had been working for more than 240 days that by itself would not confer any legal right upon him to be regularized in service; (4) If an appointment has been made contrary to the provisions of the statute the same would be void and the effect thereof would be that no legal right was derived by the employee by reason thereof. The said decision applies on all fours to the facts of this case. In Mahendra Lal Jain (supra) this Court has categorically held that the Standing Orders governing the terms and conditions of service must be read subject to the constitutional and statutory limitations for purpose of appointment both as a permanent employee or as a temporary employee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Orders) Act, 1961 was enacted to provide for rules defining with sufficient precision in certain matters the conditions of service of employees in certain undertakings in the State. It contemplates statutory interventions in service conditions of employees in certain undertakings. Rules have been framed under the Act. There is no doubt that the intention is to improve the service conditions of the employees and ensure that they are not adversely affected by unilateral action of the employers. But the contours of intervention cannot be extended beyond the statutory frame work . In Dwarika Prasad Tiwari (supra), whereupon Mr. Mathur placed reliance, a Division Bench of this Court accepted the views of the Full Bench in Narayan Singh Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... found by the Industrial Courts or the High Court that the Branch Manager and the Regional Manager were authorized to make such appointments. The appointment of the respondent, thus, must be held to have been made only to meet the exigencies of services and not in terms of the service regulations. The appointment of the Respondent, thus, could not have been made for filling up a regular vacancy for the purpose of invoking Rule 2 of the Standing Orders. However, it has not been contended that the services of the respondent were not governed by the provisions of the Industrial Disputes Act. He worked from 16.9.1985 to 19.5.1987. He must have, thus, completed 240 days of service. The termination of his services without complying with the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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