TAJINDER SINGH Vs. CHAIRMAN, AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioners have challenged the validity of award dated 15.5.2006 whereby the reference was answered against the petitioners.

(2.) Briefly, the facts are that the petitioners were working as a Computer Operator, Data Entry Operator, etc. and doing computer related jobs in data entry operation in import and export, under M/s A.Z. Datamall Private Limited, a contractor engaged by the respondent. The respondent advertised the posts for recruitment of regular employees in different scales for doing computer related jobs and the contractor was disengaged. The petitioners, who were working under the Contractor raised a dispute for their regularisation which was referred to the CGIT-cum-Labour Court-II, News Delhi in the following terms:

(3.) In the statement of claim, petitioners claimed that they were continuously working for the respondent first under M/s A.Z. Datamall Pvt. Ltd. and then under Micro direct and thereafter again M/s A.Z. Datamall Pvt. Ltd. without break for different periods. They sent a demand notice on 22.8.2002 asking the respondent to regularise their services keeping in view their experience etc. However, the management terminated their services w.e.f. 1.9.2002 without prior information and the management appointed less experienced persons at much higher monthly salaries ranging from Rs.12,000/- to 15,000/- whereas the petitioners were being paid an average salary of Rs.3500/- p.m.. It is stated that there was direct relationship of employer-employee between the management and the workmen and the contractors were appointed only for the namesake to take away the legal rights of the workmen.