2008 (10) SCC 1 ::(2008) 13 Scale 558 ::(2009) 3 Lab LN 546 ::(2012) 8 ServLR 520 ::AIR 2008 SC (Supp) 1177

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): B. N. Agrawal, H. S. Bedi, G. S. Singhvi , JJJ

(A) Constitution of India , Art.16— Companies Act (1 of 1956) , S.643— Companies (Court) Rules (1959) , R.308, R.309— Regularisation of service - Company paid staff - Appointed for fixed term by Official Liquidator - Express stipulation in appointment order that they cannot seek absorption in regular cadre - Cannot on mere fact of working for years, seek regularisation/absorption. Evidence Act (1 of 1872) , S.115— The respondents after having applied for and accepted employment/engagement as company paid staff with fixed tenure superimposed by a stipulation that they will have no right to continue in service or to be absorbed in the regular cadres are estopped from seeking a direction for their absorption against the posts sanctioned by the Government of India, on the ground that even after having worked for more than one decade, they have not been absorbed in the regular cadres under the Government.(Para 35 92) (B) Constitution of India , Art.16— Companies Act (1 of 1956) , S.643— Companies (Court) Rules (1959) , R.308, R.309— Company paid staff - Absorption in regular service - Scheme framed by Central Govt. in 1999 - Pursuant to S.C. directions - Not arbitrary merely because entire staff could not be absorbed - Scheme not rendered redundant by ....