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TMI Blog2018 (9) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... ssail their termination orders upon closure and secondly, claim adjustment in a main stream department of the Government by absorption. 2. The financial aid to the Project was provided by the Ministry of Human Resources Development, Government of India, New Delhi. The Central Social Welfare Board is incorporated as a company registered under the Companies Act, 1956. The administrative, functional and financial control of the Haryana Board lies with the Central Social Welfare Board. 3. Respondent No.1 in its reply has raised objection as to maintainability of the petition asserting that neither the Project nor the Central Board or the State unit is a "State" within the meaning of Article 12 of the Constitution of India. The entity has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to Contributory Provident Fund, Leave Encashment and Gratuity. Nevertheless, they are not entitled to pension and other pensionary benefits. The post held by the petitioners was not a pensionable job. The Punjab Civil Services Rules as applicable to Haryana are not applicable to the petitioners. The department admits that the services of the petitioners were regularized by order but they clarify that their services were regularized for the purposes of Project alone and no right can be claimed by them when the Project itself has been closed down. The petitioners are not and nor were government employees. They have not the protection of Article 311 of Constitution of India. The prayer of the petitioners that they be absorbed in the diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the services of the appointee forthwith or before the expiry of the stipulated period of notice by making payment to him/her of a sum equivalent to the pay and allowances for the period of notice or the expired portion thereof." 7. The Central Board while directing the Haryana Board to close down the Project gave specific reasons for closure, such as, duplicity of the activities and paucity of funds. It is settled proposition of law that in the eventuality of closure of Project for justified reasons, the employees working in the Project will not get any vested right to continue. Therefore, no fault can be found with the closure of the Project and consequent dispensation of the services of the employees. The appointment of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed down. Their dates of birth on joining as Bal Sevikas is mentioned in para.2 of the petition. 9. Learned counsel for the petitioners in support of the claim draws the attention of this Court to paras.3 & 4 of the termination orders, contending that they contains stigmatic words which detracts from simpliciter closure and read as under:- "3 It has also transpired during inspection that the employees are not rendering their services an a proper and fair manner. Action has also been taken against them from time to time in this regard. 4. The proper benefit is not accruing to the people and the expenditure being incurred is wastage as balsevikas working under this project are getting salaries sitting in their homes. Moreover, it has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on facts. In none of them was a similar situation under consideration. These judgments are:- 1. Subhash Bansal and others v. Income Tax Officer Ward-6, Patiala and others, 2008 (4) S.C.T. 40; 2. S.K. Dua v. State of Haryana & Anr, 2008 (1) SCC(L&S) 563; 3. Allahabad Bank & Anr v. All India Allahabad Bank Retired Emps. Assn., 2010(2) SCC 44; 4. State of H.P. v. Lashkari Ram, 2008(1) RSJ 70 12. Per contra, respondent No.1 relies on the decision of the Supreme Court in The Managing Director Haryana Seeds Development Corpn. Ltd. v. The Presiding Officer and another etc., 1997 (4) SLR 719. Closure of an industry would not attract the provisions of Section 25-F of the Industrial Disputes Act and more specifically in the case of Amar Sin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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