INDERJIT KAUR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH

JUDGEMENT

(1.) We have six writ petitions. Learned counsel for the petitioners has referred to the facts as averred in C.W.P. No. 11790- CAT-1999. These may be briefly noticed.

(2.) The petitioners claim that they were appointed as Security guards on different dates during the period from May 21, 1998 to Oct. 31, 1998, at the Government Medical College and Hospital, Sector 32, Chandigarh. The petitioners allege that the college is their principal employer and that the contractor is only a middle man. Apprehending termination of services they approached the Central Administrative Tribunal with the prayer that their services be regularised. The Tribunal having dismissed their petition, they have approached this court through the present writ petition. Even in the petition the prayer is that the order dated Aug. 13, 1999 passed by the Tribunal may be quashed and that the respondents be directed to regularise their services.

(3.) A written statement has been filed on behalf of respondents 1 and 2 by Professor N.K. Goel. In this written statement it has been inter alia averred that the respondent institution "has been registered as a principal employer for engaging man power on contract basis as envisaged under the Contract Labour (Regulation and Abolition) Act, 1970. It has entered into an agreement with the Contractors for the supply of man power." A copy of the agreement has been produced as Annexure R2/1 with the written statement. In this agreement it has been inter alia provided that "the persons deployed by the contractor for the work shall be the employees of the contractor for all intents and purposes. There shall be no relationship of employer and employee between the said persons and the College and Hospital, either implicitly or explicitly". It was also postulated that the persons so deployed shall be under the "over all control and supervision of the contractor and the contractor shall be liable for their service etc..." It has been further provided that "any obligation and/or formalities which are required to be fulfilled under the Contract Labour (Regulation and Abolition) Act, 1970 as amended from time to time or any other Act for the purpose of entering into and/or execution of this contract shall be carried out by the contractor at his own expenses etc. and the contractor shall report the compliance thereof to the Director Principal."