ANT RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) The present petition has been filed by 12 Workmen who were Multi-Tasking Staff at the Dr. Ram Manohar Lohia Hospital (hereinafter, 'Hospital'), employed through a contractor - GA Digital Web Word (P) Ltd.//Respondent no.3. The Hospital had issued orders of termination dated 28th July, 2020 terminating the services of the said employees with immediate effect, which has been challenged in the present petition.

(3.) The background to these petitions is that the Petitioners were engaged by Respondent No.3, between 2015-18, for rendering multiple task services at the Hospital. They continuously rendered services even during the pandemic. However, the said contract was thereafter handed over to Central Public Works Department (hereinafter, 'CPWD') for maintenance of some portions of the Hospital building and other services. The CPWD appointed a fresh contractor who did not, thereafter, continue the employees of the previous contractor. Vide order dated 2nd September 2020, CPWD was impleaded as Respondent No.4. CPWD thereafter filed an affidavit informing the Court that it was handed over the maintenance assignments with respect to Emergency Care Services (ECS) building of the hospital on 2nd December 2019. The CPWD was not informed of any other agency or workmen working in the ECS building and hence no conditions were imposed for absorbing the contractual employees. A tender process was undertaken by the CPWD and one M/s. Sudesh Refrigeration emerged as the successful tendered. This contractor was then awarded the contract for deploying its personnel. The affidavit finally concludes as under: