RANBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The present civil writ petition under Article 226 of the Constitution of India has been filed inter-alia for issuance of a writ in the nature certiorari to set aside the impugned oral order dtd. 9/9/2020 regarding relieving of the petitioner by respondent Nos.3 and 4 and thereafter replacing him with private respondent No.6 on the post of Mali.

(3.) The brief facts, relevant to the present Us, are that the State Government has a policy for outsourcing of services/activities. Respondent Nos.3 and 4 are service/manpower providers. Since 1/1/2016 the petitioner is working as a Mali with respondent No.3 through respondent No.4 (the service/manpower provider). As per the averments in the writ petition, during this period the petitioner was asked to do other jobs by respondent No.3 like waterman, tube-well operator, night guard, support staff during examinations, etc. According to the petitioner, the respondentNo.4 (the service/manpower provider) did not pay/deposit the EPF of the petitioner and other similarly situated persons despite demand having been made. In 2017 respondent No.3 changed the service/manpower provider and gave the contract to respondent No.5 who also did not pay/deposit the EPF of the petitioner and other similarly situated persons despite demand having been made. In 2020 respondent No.3 again changed the service/manpower provider and gave the contract to respondent No.4. It is averred that without any show cause notice the petitioner has been asked not to come for duty to respondent No.3 and instead respondent No.6 has been appointed after the petitioner.