MANGAL SINGH THAPA Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present writ petition, the petitioners have prayed for a writ of mandamus directing the respondents to enforce the notification dated September 8, 1994 and to absorb the services of the petitioners and treat them as regular employees in the establishment of the respondent Oil and Natural Gas Commission.

(2.) Briefly stated the petitioners are employees of Oil and Natural Gas Commission, Dehradun and have been working as Technician-cum-Operator in K.D.M.I.P.C. Central Air Conditioning Plant and Pump House. The petitioners No. 1 to 6 are working as contract labour of the respondent No. 4 and petitioner Nos. 8, 9, 12, 15, 16 and 19 to 26 are the contract labourers of respondent No. 5. The petitioner Nos. 7, 10 and 18 are the contract labour of the respondent No. 6 and the petitioner Nos. 11, 13, 14 and 17 are the contract labour of the respondent No. 7. The petitioners are being paid a fixed amount of Rs. 1800/- to Rs. 2,500.

(3.) The petitioners have submitted that Union of India issued a notification dated September 8, 1994 prohibiting employment of contract labour for various work under few categories. The petitioners belong to category No. 11 mentioned in the Schedule of the notification. The petitioners have been working as Technician-cum-Operator in K.D.M.I.P.C. under the contract labour system through their contractors respondents No. 4 to 7. There is no job security of the petitioners nor there is any future prospects in the services of the petitioners. Inspite of the notification dated September 8, 1994 the respondents have not abolished the contract labour system in category No. 11 as mentioned in the Schedule in the said notification. The notification reads as under: