RAMESH CHANDRA BHUYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have approached this Court for a writ of mandamus, directing the opp. parties 1 to 3 to absorb them as regular employees against the posts held by them at present with the Institute of Physics.

(2.) THE short facts of the petitioner's case is that they have been working as Security Guards under the opp. parties 1 to 3 for last 3 to 9 years being so engaged by the Contractor, M/s. Winners Security Service (Orissa) Private Limited. The engagement of the petitioners, initial date of engagement in respect of each one of them and post held, have been given in the chart in paragraph -3 -B of the writ petition. It is claimed that since the date of their respective initial engagements they have been discharging their duties as Security Guards sincerely and honestly and to the best satisfaction of the authorities concerned. The petitioners claim that they fall within the definition of 'contract labour' being so engaged by the Contractor (opp. party No. 4) and they are entitled to be absorbed as regular employees of the institute in terms of Section 10(2) of the Contract Labour (Regulation and Abolition) Act, 1970. According to the petitioners the job performed by them is of permanent and perennial in nature and highly essential to the primary activities/process of the institution (opp. party No. 1) and the Institute of Physics has the capacity to permanently absorb the petitioners, but in violation of the provisions of Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter called 'the Act') they are not being absorbed by opp. parties 1 to 3 on regular employment.

(3.) THE opp. party No. 4, the Managing Director of M/s. Winner Security Service (Orissa) private Ltd, has also filed a counter affidavit. It is admitted, that the Security agency used to deploy the Security Personnel to various establishments throughout the State. It recruits persons as Security Guards from time to time, depending on its requirement. On the basis of requisition from the Institute of Physics, opp. party No. 4 deployed the petitioners as Security Guards to perform watch and ward duty. They have been appointed by the Security agency and on termination of the contract with the Institute of Physics they can be withdrawn from such duty post and transferred to other establishments or posts by the opp. party No. 5 depending upon requisition/contract. The opp. party No. 4 has asserted in paragraph -4 of the counter that the petitioners have no direct relationship with the Institute of Physics. They are governed by the Contract Labour (Regulation and Abolition) Act, 1970 and are getting all the benefits and dues as per Minimum Wages Act, E.P.F. Act, E.S.I Act, payment of Bonus Act, payment of Gratuity Act etc. from the employer, the Security agency.