NAVAL KISHORE NAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) We have perused the application filed by the appellants and also heard the learned Counsel appearing for the appellants. The prayer made in this application, for permission to withdraw the writ petition, cannot be granted by us as we are dealing with the appeal arising out of the order passed in the writ petition. There is no prayer for withdrawal of the appeal petition made in this application. In our considered opinion, the application cannot be entertained and is accordingly dismissed.

(2.) In paragraph III of the writ petition it was stated by the appellants that the job performed by them was of permanent and perennial nature but yet they were employed ostensibly through a contractor, who was only a name lender and that the appellants were under the direct control and supervision of the ONGC. It was also stated that the engagement of the appellants through contract was only a camouflage and that if the veil was lifted, it would have revealed that there was a direct employer-employee relationship between the ONGC and the appellants. It was also contended that the engagement of the appellants through contractor was basically for monetary and other gains as the contract workers were being provided much less wages than regular employees. In the writ petition it was also contended that some other workers of ONGC who are similarly situated as the appellants had filed a writ petition before this Court being WP(C) No. 3106/1995 and under order dated 28th September, 1995 a direction was issued to take the workers on ad hoc basis during the pendency of the writ petition. It was also the stand that although the appellants were not parties to the said writ petition, but the respondent No. 2- ONGC gave the status of ad hoc employees to the appellants also w.e.f. 1st October, 1995 and, therefore, in view of the judgment of the Supreme Court in Air India Statutory Corporation v. United Labour Union and Ors. , respondent No. 2-ONGC should be directed to absorb the appellants in regular service against their existing posts with the same wages as paid to the regular employees.

(3.) The reliefs sought for by the appellants in the said writ petition were for restraining ONGC from terminating their services and also for a declaration that the appellants are direct employees of ONGC, or to issue a direction to regularise the services of the appellants in their existing service/posts with effect from their initial appointment through the contractor, giving them equal wages and other consequential benefits.