Delhi High Court
Desu Mazdoor Sangh (Regd) vs Govt. Of Nct Of Delhi And Ors on 14 December, 2012
Author: Suresh Kait
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 14th December, 2012
+ W.P.(C) 7769/2012
DESU MAZDOOR SANGH (REGD) ..... Petitioner
Through: NEMO.
versus
GOVT. OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr. Dhanesh Relan and
Ms. Richa Kaushal, Advs. for R1.
Mr. S.K. Chauhan, Adv. for R2 & R3.
Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Sujit Kr.
Singh, Adv. for R4.
Mr. Sandeep Prabhakar and Mr. Amit Kumar,
Advs. for R5 & R6.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the instant petition, petitioner is seeking direction against the
Govt. of NCT of Delhi and its instrumentalities i.e. DTL, IPGCL-PPCL,
NDPL/TPDDL, BYPL and BRPL to frame a scheme to bring the said
workers on their strength of permanent employees. Further to frame a policy
to recruit the required personnel in future.
2. The petitioner is registered under the Trade Union Act, 1926 and is
representing a large number of employees of power sector industry including
the temporary, daily, contract workers engaged in the five power sector
companies mentioned above.
3. On 01.07.2002, the Govt. of NCT of Delhi un-bundled a State
Organization namely Delhi Vidyut Board into the aforesaid five companies.
4. As stated in the petition that Govt. of NCT of Delhi arrived at a
Tripartite agreement signed by unauthorized and unregistered
representatives, Trade Unions and DVB.
5. These companies have not requisitioned for any personnel from the
Employment Exchange.
6. It is further stated that Section 10 of the Contract Labour (Regulation
and Abolition), Act, 1970 prohibits the engagement of contract workers on
such perennial nature of job and paves the road to engage only permanent
employees. The nature of services rendered by these workers are of
perennial nature and is also in the category of ESM Act.
7. It is also stated that several thousands personnel have been engaged
under the contractors in the different category of JEs, Foremen, Shit
Attendant, Shift In-charge, Inspectors, Meter Readers, Enforcement, Meter
Testers, Lineman, Fitters, Cable Jointers, Assistant Linemen etc. Only in
the category of Linemen and ALM there are approximately 30 thousand
workers working under the different contractors.
8. The petitioners have relied upon a case decided by the Hon'ble
Supreme Court in State of Karnataka and Ors. vs. M.L. Kesari & Ors.
(2010) 9 SCC 247 wherein it is held as under:
"The state Government and their instrumentalities
to undertake regular recruitments to fill-up those
vacant posts through regularization of the persons
who have been regularly appointed and have been
working at the post for 10 years."
9. In view of the above, I am of the considered opinion that the issue
raised in the instant petition is a matter of concern. Therefore, the State
Government has to look into while considering the instant petition as
representation being filed by the petitioner and decide the same after due
deliberation with the companies mentioned above.
10. The decision of the State Government shall be conveyed to the
petitioner within six months.
11. I here make it clear that if the petitioner is aggrieved with the decision
of the State Government, it shall be at liberty to challenge the same before
the appropriate forum.
12. Instant petition stands disposed of on the above terms.
SURESH KAIT, J
DECEMBER14, 2012
Jg/RS
