LAWS(JHAR)-2018-8-215

JAYKANT ISHAR Vs. EASTERN COALFIELDS LTD.

Decided On August 21, 2018
Jaykant Ishar Appellant
V/S
EASTERN COALFIELDS LTD. Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioners have approached this Court with a prayer for a direction upon the respondents to absorb/ regularize their services under Eastern Coalfields Ltd. in View of the fact that they were discharging their duties to the utter satisfaction of the respondents for last several years. Further prayer has been made to quash the letter dated 30.06.2017 issued by the Chief Security, ECL Head Quarter by which the services of the petitioners on contractual basis have been terminated. Petitioners have also prayed that till the final decision with regard to absorption/ regularization of their services is taken, they be allowed to continue to discharge their duties on contractual basis.

(3.) The factual exposition as has been delineated in the writ petition is that petitioners were initially engaged through various Security Agencies like Green Leaf Security Services, BGS SecurityAllied Service, etc. under Rajmahal Area of the respondents-ECL during the year 2004-2009 and Identity Cards were issued to them by the concerned Agencies. Thereafter, on 30.08.2011, ECL has terminated contract of BGS SecurityAllied Service and had entered into a new contract with Loknath Security. The respondent-ECL had directed the said Security Agency to issue fresh Identity Cards in favour of the present petitioners. It is the further case of the petitioners that again on 30.06.2015, the respondent- ECL has terminated the contract of Loknath Security and signed a new contract with Uttarakhand Purva Sainik Kalyan Nigam Ltd. and again directed the new Agency to issue fresh Identity Cards to the present petitioners. It is the specific case of the petitioners that though they are discharging their duties for last several years but only to defeat the claim of the petitioners for regularization, the respondent-ECL has from time to time entered into with new contracts with new Security Agencies. Finally, Vide letter dated 30.06.2017, issued to the Chief Security, ECL (Headquarter), the services of the petitioners who were working on contractual basis have been terminated. The petitioners have requested on several occasions for regularization of their services but no heed was paid to their said request. Hence, this writ application has been filed by the petitioner for redressal of their grievances.