GANGADHAR GHOSH Vs. DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) - This appeal is directed against a judgment and order dated 26.4.95 passed by a learned single Judge on this Court in C.O. No. 16474(W) of 1993, whereby and whereunder the said learned Judge dismissed a writ application filed by the writ petitioner.

(2.) The basic fact of the matter is admitted.

(3.) The writ petitioner/appellant was appointed by the respondent No. 2, a contractor of respondent No. 1. The writ petitioner himself has described the respondent No. 1 as his principal employer. On various grounds of misconduct, as is evident from the judgment under appeal, the respondent No. 2 terminated the services of the appellant. The claim of the writ petitioner in the writ application was that as he had been doing job of a perennial nature, he automatically became employee of the principal employer, particularly in view of the fact that allegedly provident fund was deducted from his salary. For the aforementioned purpose, the writ petitioner has impleaded the Regional Provident Fund Commissioner as party respondent in the writ petition.