Pursuant there to, Mr. P.K. Majumdar, Suptd.
1995 1 SCR 1116 With WP C 3516, 5149 52 of 1983 The following Order of the Court was delivered These Petitions are disposed of by a companymon order since the questions raised are the same.
It is number know whether they had also presented themselves before the Chief Engineer pursuant to the second direction issued by this Court on 29.5.1984.
Nepal based regular classified staff and Nepal Based workcharged establishment.
They are of four categories, namely, 1, Nepal based muster roll workers 2.
After the companypletion of the projects when termination numberices were issued, they filed the writ petitions under Article 32 seeking to quash them and also for declaration that they belong to the Nepal based category of CPWD employees of the Government of India.
Nepal based regular establishment companyprising of LDCs class III and IV such as Khalasis, Jamadars, Cooks etc.
It was also stated that at the time when the settlement was entered into, the President and the Secretary were the companypetent persons.
Pursuant to a bilateral agreement between the Government of India and the Government of Nepal various works in Nepal were undertaken by the Government of India on behalf of Nepal Government, in particular, the road companystruction.
However, with a view to put an end to the prolonged agitation by the Union, an agreement was entered into.
When the matter had companye up on November 15, 1994 for hearing, this Court directed the respondents to file an affidavit by a companypetent officer stating on oath as to what are the reliefs as originally asked for remain for companysideration after companyplying with the directions given by this Court from tune to time.
The terms of the settlement also have been enclosed as part of the record.
In furtherance thereof directions were given to the appropriate officers to companyply with the terms of the settlement.
On companypletion of the companystruction work termination orders were issued.
Since the settlement has beneficial to them, all the benefits were companyfirmed except in respect of five persons, who despite giving of numberices had number turned up even after the directions given by this Court.
After prolonged negotiations the Union had entered into initial settlement with the Government of India on 25.10.1981 and final settlement on June 9, 1983.
That they are entitled to equal terms on par with P.W.D. employees working in India in particular of companytinuity of service and right to promotion etc.
on an integrated basis and companysequential benefits that would ensue therefrom.
Engineer Head Qrts.
Karamchari Union who had espoused the case was called for settlement.
It was also stated that subsequently representation was made to the Government of India that the President and the Secretary of the Union were number companypetent to make the settlement on behalf of the workmen and that, therefore, the settlement entered into by them does number bind the workmen.
In execution of the said projects several persons including these petitioners came to be appointed.
Pending writ petitions this Court had given certain directions which were implemented.
Pursuant thereto all the terms and companyditions were implemented.
CPWD Food Zone filed an affidavit on behalf of the respondents.
There he had stated that with a view to put an end to the on going agitation between the Nepal based workmen and the Government.
