MAHENDRA RAJ MARG KARAMCHARI UNION versus UNION OF INDIA AND ORS.

MAHENDRA RAJ MARG KARAMCHARI UNION versus UNION OF INDIA AND ORS.

The settlement reached between Government of India and the Union is fair, granting all benefits except seniority to Nepal-based employees; their appointments in India are to be treated as fresh for seniority while their past service counts for pension and other benefits, provided retrenchment compensation is surrendered.

Parties
Petitioner: MAHENDRA RAJ MARG KARAMCHARI UNION; Respondent: Union of India
Jurisdiction
India
Judgment Date
24 March 1995
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Writ Petitions disposed of; settlement approved; no further directions; no costs.
Legal Topics
CPWD Bilateral Agreement, Employment in Foreign Projects, Regular Appointment, Seniority, Agreement Conferring Benefits
Service Law CPWD Bilateral Agreement Employment in Foreign Projects Regular Appointment Seniority Agreement Conferring Benefits

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Parties

MAHENDRA RAJ MARG KARAMCHARI UNION

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether Nepal-based employees appointed under CPWD for works in Nepal pursuant to a bilateral agreement are entitled to regular appointment and parity with CPWD employees in India
  2. 2 Whether seniority and other benefits including pension should be granted to Nepal-based employees on absorption

Ratio Decidendi

The settlement reached between Government of India and the Union is fair, granting all benefits except seniority to Nepal-based employees; their appointments in India are to be treated as fresh for seniority while their past service counts for pension and other benefits, provided retrenchment compensation is surrendered.

Court Disposition

Writ Petitions disposed of; settlement approved; no further directions; no costs.

Orders

  • Settlement entered into between Government of India and Union approved and forms part of record.
  • Period of absence for petitioner in W.P.(C) No. 9516 of 1983 treated as continuous for all purposes except back wages.