BHOOP SINGH AND ORS. Vs. CHAIRMAN-CUM-MANAGING DIRECTOR NORTH EASTERN ELECTRIC POWER CORPORATION LTD. AND ORS.

JUDGEMENT

(1.) W.P.(C) No.6483/2014

(2.) Essentially reliance is placed by the petitioners upon the judgment of the Supreme Court in the case of State of Haryana and Ors. etc. etc. Vs. Piara Singh and Ors. etc. etc., 1992 4 SCC 118 which states that one contractual employee or one casual labourer cannot be replaced by another contractual employee or casual labourer. Reliance is also placed by the petitioners upon a Division Bench judgment of this Court in the case of Narinder Singh Ahuja and Ors. Vs. The Secretary, Ministry of Health and Family Welfare and Ors. in W.P.(C) No.1741/2014 decided on 3.11.2014 to argue that contractual employees cannot be replaced by outsourcing the contractual jobs.

(3.) There is no dispute to the proposition of law that one set of contractual employees cannot be replaced by another set of contractual employees on similar terms, however, there is no law that if petitioners are only contractual employees, petitioners cannot be replaced by other employees whose terms of engagement are wholly different inasmuch as appointment of security guards by the respondent no.1 is not now on contractual basis but by employing a security agency to do the security work.