Short facts giving rise to the present appeals are that in the month of March, 1982 respondent Indian Railway Construction Company Limited hereinafter referred to as the IRCON a Government of India Undertaking was awarded two railway projects in Algeria.
In addition thereto appellant Rameshwar Dayal prayed for direction to companysider his case for promotion.
After the return from Algeria the appellants in all these appeals made a joint representation laying the following claims Fixation of their pay in the pay scale of Rs.2200 4000 instead of Rs.2000 3500, as being given by its sister companycern RITES as per Para 8.79 of P.P.C. report implemented as per the directions of this Honble Court in Jute Corporation Case Appellants promotion to the reserved post as per reservation policy Release of foreign emoluments at the rate of US 1450/ p.m. instead of US 880 to companyply with Board of Directors resolution dated 03.03.1982 Compensation for denying air passage to the appellant as was given to Sh.
On submission of testimonials Rameshwar Dayal was allowed the scale of pay of Rs.700 1200 with effect from 25th July, 1985.
According to the appellant Rameshwar Dayal one of the said two posts of Deputy Manager Language ought to have been filled up by a member of the reserved category but without companysidering his case and de reserving the posts IRCON promoted two persons, namely, Dr. Ranjit Sinha appellant in Civil Appeal No.968 of 2007 and Ms. Poonam Bhowmick.
Appellant Rameshwar Dayal, Dr. Ranjit Sinha and Rakesh Ratti Kapoor filed separate writ petitions.
On 18th February, 1984 IRCON advertised four posts of French Translator out of which two were for General Category and one each reserved for the members of the Scheduled Castes and Scheduled Tribes.
On 4th October, 1985 appellant Rameshwar Dayal and said Ms. Jayashree Krishnaswamy were numberinated to be sent to Algeria.
During the pendency of the writ petitions Dr. Ranjit Sinha died and appellant Rakesh Ratti Kapoor resigned on 23rd March, 1996 and in that view of the matter the High Court companysidered their claim along with the claim of appellant Rameshwar Dayal of higher emoluments only and found that the claim made by them is number tenable.
Appellant Rameshwar Dayal realised that he is being paid less emoluments than what he was entitled as per Board Resolution of 1982 and accordingly filed representation but the same did number yield any result.
Rameshwar Dayal appellant in Civil Appeal No.967 of 2007 offered his candidature as Scheduled Caste candidate.
Appellant Rameshwar Dayals pay was revised by order dated 14th November, 1990 in the pay scale of Rs.2000 3500.
M.K. Seth Further promotion as per rules.
In June, 1982 the respondent inducted Ranjit Sinha appellant since deceased in Civil Appeal No.968 of 2007, a temporary employee of the Council of Scientific Industrial Research as French Translator in the pay scale of Rs.700 1200.
The post of French Translator was re designated as Assistant Manager Language by order dated 12th January, 1988 and posts of Deputy Manager Language were created in the pay scale of Rs.1100 1600.
Other posts of French Translators which were advertised on 18th February, 1984 were filled up by regularizing the services of Ms. Jayshree Krishnaswamy, Rakesh Ratti Kapoor appellant in Civil Appeal No.969 of 2007 and one Ashit Saha.
Rameshwar Dayal was selected for appointment and he joined the Corporate Office of IRCON as a French Translator in the pay scale of Rs.550 750 on 10th June, 1985, in terms of appointment letter dated 4th June, 1985.
Appellant Rameshwar Dayal joined the project office in Algeria on 17th November, 1985.
Appellant Rameshwar Dayal signed the companytract for assignment to Algeria for one year and also signed the Bond to serve the IRCON on his return from Algeria for double the period of his assignment in Algeria, subject to maximum five years.
In the balance sheet of the profit and loss account and annual report for the year 1986 87 submitted to the Registrar of Companies appellant Rameshwar Dayal was shown as a permanent employee and the emoluments of the employees in Indian Rupees by companyverting at the rate of exchange prevalent at the end of the financial year.
By a separate memo dated 7th June, 1995, IRCON informed the appellants that they were recruited as French Translators when the Company was executing projects in French speaking companypanies abroad and those projects have companye to an end and in view of that it shall number be possible for the IRCON to utilise their services in the area of their specialisation for which they were recruited.
Appellants aggrieved by the order by which their claim for higher emoluments has been rejected preferred LPA Nos.189 and 289 290 of 2000 and the IRCON aggrieved by the direction to regularise the services of appellant Rameshwar Dayal preferred LPA No.294 of 2000.
Accordingly they were advised to look out for the job outside IRCON where their expertise can be utilised in a better way.
PRASAD, J. All these appeals arise out of a companymon judgment dated 14th February, 2006 passed by the Division Bench of the Delhi High Court in LPA Nos.189 of 2000, 289 290 of 2000 and 294 of 2000, whereby the appeals of the appellants have been dismissed and the appeal preferred by the respondent against the companymon judgment of the learned Single Judge dated 3rd March, 2000 in C.W.Nos.2296, 2297 and 2298 of 1995 has been allowed.
