NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY N O I D A SECTOR 6 GHAZIABAD GAUTAM BUDH NAGAR Vs. STATE PUBLIC SERVICE TRIBUNAL

JUDGEMENT

(1.) -All these writ petitions arise out of the common order dated 8.11.1998, passed by U. P. Public Service Tribunal (hereinafter referred to as the "Tribunal") involving common questions of law and facts and therefore, as agreed by learned counsel for the parties have been heard together and are being decided by this common judgment.

(2.) FOR the purpose of giving facts in brief and with the consent of the parties the Writ Petition No. 43860 of 1998, has been taken as leading case. The respondent No. 2 Mishri Lal filed Claim Petition No. 338 of 1993, before the Tribunal claiming regularisation and wages as admissible to regularly employed persons of New Okhla Industrial Development Authority (hereinafter referred to as "N.O.I.D.A."). Similar claim petitions were filed by other private respondents. The N.O.I.D.A. authority putting appearance, raised a preliminary objection that the claim petitions have been filed by the persons who are workmen under U. P. Industrial Disputes Act, 1947 (hereinafter referred to as "1947 Act") and also that they are not the employees of N.O.I.D.A. authority. They have been engaged by private contractors who are carrying out the work undertaken from N.O.I.D.A. authorities under various contracts and therefore, claim petition is not maintainable. The Tribunal has allowed all the claim petitions vide order impugned in these writ petitions holding that since the claimants are not enforcing any right under the Industrial Disputes Act and therefore the claim petition is maintainable. Proceeding further it has directed the petitioners to consider the respondents/claimants for regularization and also for payment of salary as is payable to the other regular employees of N.O.I.D.A.

(3.) WE have heard learned counsel for the parties and perused the record. Section 1 of the Act provides short title, extent, commencement and application of the Act and sub-section (4) thereof reads as under :