UNION OF INDIA Vs. RAM PAL

JUDGEMENT

(1.) As identical questions of law are involved in both the above cases, they are disposed of by one single order. For facility of reference, the facts are noticed from CWP-783-2013.

(2.) By means of present writ petition filed under Article 226 of the Constitution of India, the petitioners, namely, Union of India and Commissioner of Customs, The Mall, Amritsar seek judicial review of the orders dated 7.8.2012 passed by the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') in Original Application which was preferred by the respondents herein under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter after referred to as 'the Act').

(3.) The respondents had filed the said OA challenging the action of the petitioners herein in treating them as contractor's employees. As per the respondents, though they were initially directly engaged by the petitioners herein, later on, they were switched over to unlicensed contractor and after some time to a licensed contractor. In this manner, they were sought to be made the contractor's employee instead of the direct employees of the petitioners which was challenged as impermissible. The respondents had argued that the case was covered by another judgment of the Tribunal passed on 14.8.2002 in OA No.800/CH/2001 titled as Kiran Pal and others vs. Union of India and others, which was upheld by this Court on 24.5.2003 and thereafter by the Supreme Court on 20.4.2010. No doubt, the SLP against the aforesaid judgment was dismissed, but it was dismissal in limine. The Tribunal has accepted the plea of the respondents and allowed the OA on the ground that matter stands covered by the judgment in Kiran Pal's case .