G.DURGA PRADAS Vs. BHARAT HEAVY ELECTRICALS LTD.

JUDGEMENT

(1.) Petitioners were appointed as temporary Para- Medical Staff on ad hoc basis in Respondent No.1 - Company. All the Petitioners are fully qualified to hold the posts against which they were selected as per recruitment rules. The appointments of the Writ Petitioners with details are as under: <IMG>JUDGEMENT_18_LAWS(TLNG)9_2025_1.jpg</IMG> <IMG>JUDGEMENT_18_LAWS(TLNG)9_2025_2.jpg</IMG>

(2.) In the counter filed on behalf of respondents, it is stated Respondent No.1 is an integrated power plant equipment manufacturer and one of the largest engineering and manufacturing companies of its kind in India engaged in design, engineering, manufacture, construction, testing, commissioning and servicing of a wide range of products and services for core sectors of the economy, viz. Power, Transmission, Industry, Transportation (Railways), Renewable Energy, Oil and Gas, Water 5 and Defence and with a widespread network of 17 Manufacturing Divisions, 2 Repair Units, 4 Regional Offices, 8 Service Centres, 4 Overseas Offices, 6 Joint Ventures and 15 Regional Marketing Centres. Respondent company has one of its manufacturing units situated at Ramachandrapuram, Hyderabad. To take medical care of its employees and their dependent family members, it has established a Hospital in its Township where in-patient and out-patient treatments are provided. The hospital is 150-bedded, equipped with modern facilities and qualified medical professionals. However, the management of respondent company, in order to cater to the immediate medical needs of the employees working in the company and their dependent family members, certain medical personnel were sought to be engaged on temporary basis and that is how Petitioners have come to being engaged by the Respondent Company. In this context, having agreed to work on temporary basis for fixed period/s with applicable terms and conditions, Petitioners cannot now ask that their services be made on regular basis and equally, it is misconceived that the rights that accrue to a citizen under Articles 14, 16 and 21 of the Constitution are violated. Hence, the services rendered by the para-medical staff are not for core activities, hence, not essential in nature. Petitioners were engaged at different periods 6 and are doing the work of paramedical staff. The mode of engagement being claimed by them is also not correct as mentioned supra.

(3.) Heard Sri Prabhakar Chikkudu, learned counsel on behalf of Sri T. Koteswara Rao, learned counsel for petitioners as well as Sri G. Vidya Sagar, learned Senior Counsel representing Sri Ch. Samson Babu, learned Standing Counsel on behalf of respondents.