UNION OF INDIA Vs. P. SOMANNA

JUDGEMENT

(1.) Union of India through the Deputy Director, Doordarshan have presented this writ petition with following prayers:

(2.) Heard Shri. M. Vasudeva Rao, learned Senior CGC, for petitioners and Shri. B.C. Seetharama Rao, learned Advocate for respondent.

(3.) Brief facts of the case are, respondent approached the CAT contending inter alia that he was engaged as a casual labourer in High Power Transmitter, Doordarshan, Shimogga since 1992. He has worked as Office Attendant, Sweeper, Security Guard etc. His request for regularization was not considered by petitioners. He filed O.A. No. 612/2016 and the CAT vide order dated November 2, 2016 had directed the petitioners to consider his case. The Deputy Director, Administration of Prasar Bharathi vide order dated February 2, 2017 (Annexure-A11), communicated that it was not possible to accede to petitioner's request made in the representation dated November 26, 2016. Respondent again approached CAT with the instant OA praying inter alia to quash Annexure-A11 and to direct petitioners to regularize his services. The O.A. was contested by the petitioners that respondent was engaged as and when required on daily wages along with other casual labourers. From May, 1999 to December 2003, respondent has been engaged through an outsourcing agency by name M/s. Industrial Security Agency, Shimogga. He was paid on consolidated basis and he is not entitled for temporary status as he had not completed one year of regular service as on 1/9/1993. By the impugned order, the CAT has allowed the OA by holding that respondent is entitled for grant of temporary status and regularization on seniority basis. Hence, this writ petition.