SARASWATI Vs. CHIEF ELECTORAL OFFICER, GNCTD

JUDGEMENT

(1.) The present petitions have been filed by the petitioners aggrieved of the orders both dtd. 18/5/2022 in ID No.109/2022 titled Smt. Saraswati and 8 others vs. The Chief Electoral Officer, GNCTD and I.D. No.110/2022 titled Shri Arun and Smt. Payal vs. The Chief Electoral Officer, GNCTD. The entire dispute in the present cases can be summarized as follows:

(2.) In the impugned orders, the tribunal did not restrain the respondent from continuing with the bid process. However, directed the respondent to ensure the continuance of their service with the protection of wages and other benefits they are getting under the management till final adjudication of ID No.18/22 and ID No.20/22.

(3.) The submission of the learned counsel for the petitioner is that it is not disputed that presently the petitioners are working as contractual employees and their case for regularization is pending adjudication before the tribunal. However, if they are taken out of the roll of the respondent and brought on the roll of the contractor, it would amount to termination of their service, which amounts to change of service condition and violative of Sec. 33 of the Industrial Disputes Act pending adjudication before the tribunal.