Sonu Kumar vs Utility Power-Tech Ltd
2021 Latest Caselaw 4936 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8607 of 2021
     ======================================================

1. Sonu Kumar S/o Sri Arjun Singh Village- Madhe, P.O.- Ankorha, P.S.-

Badem (OP) District- Aurangabad.

2. Sujit Kumar S/o Sri Prabal Singh R/o Vill- Kudwan, P.O.- Ankorha (R.S.), P.S.- Narari Kala Khurd, Dist- Aurangabad.

3. Bhushan Kumar Karn S/o Prabhu Narayan Lal Karn R/o Village and P.O.-

Chatra, Dist- Madhubani.

4. Ajay Kumar Soni S/o Sri Nand Kumar Prasad R/o Moh- Srinagar, Thakurbari Road, Near Surya Mandir, P.O., P.S. and Dist- Aurangabad.

5. Kunal Kumar Singh S/o Sri Lalan Kumar Singh R/o Vill- Tamsi, P.O.-

Narendra Khap, P.S.- Kutumba, Dist- Aurangabad.

6. Mukesh Kumar S/o Late Sukadev Bhakta R/o Village- Kharihaniya, P.O.-

R.K. Malahi, P.S.- Paroo, District- Muzaffarpur.

7. Pramod Kumar S/o Jagarnath Bhakta R/o Village- Kharihaniya, P.O.- R.K.

Malahi, P.S.- Paroo, District- Muzaffarpur.

8. Dinesh Kumar Pankaj S/o Sri Rajpati R/o Vill- Pipara, P.O.- Mokalpur, P.S.-

Mariahu, District- Jaunpur.

9. Kundan Kumar S/o Ashok Prasad R/o Village, P.S. and P.O.- Barun, District-

Aurangabad.

10. Uttam Kumar S/o Sri Vishwanath Sharma R/o Vill, P.S. and P.O.- Barun, District- Aurangabad.

11. Vijay Kumar S/o Sri Shambhu Saran Sah R/o Village- Shivanpur, P.O.-

Ankorha, P.S.- Badem (OP), Dist- Aurangabad.

12. Santosh Kumar S/o Raghav Prasad R/o Vill- Beni Bigha, P.O.- Saduri Karma, P.S.- Narari Kala Khurd, Dist- Aurangabad.

13. Vishal Kumar S/o Ashok Prasad Sony R/o Surya Mandir Road, Yamuna Nagar, P.S., P.O. and Dist- Aurangabad.

14. Vikash Kumar S/o Rajaram Vishwakarma R/o Vill- Shivanpur, P.O.-

Ankorha, P.S.- Badem (OP), Dist- Aurangabad.

... ... Petitioners Versus

1. Utility Power-tech Ltd. through its Chairman, having its registered office at UPL House, W-24, Sector-11, Noida- 201301.

2. The Chairman, Utility Power-tech Ltd. having its registered office at UPL House, W-24, Sector-11, Noida- 201301.

3. The Director, Utility Power-tech Ltd. having its registered office at UPL House, W-24, Sector-11, Noida- 201301.

4. The Chief Executive Officer, Utility Power-tech Ltd. having its registered office at UPL House, W-24, Sector-11, Noida- 201301.

5. The Resident Manager, Utility Power-tech Ltd., NPGCL-Nabinagar Site, Office at Sone Samridhi Complex, NPGC-Township, P.O.- Ankorha RS, District- Aurangabad, Bihar.

6. The Manager (HR), Utility Power-tech Ltd., NPGCL-Nabinagar Site, Office Patna High Court CWJC No.8607 of 2021 dt.08-10-2021

at Sone Samridhi Complex, NPGC-Township, P.O.- Ankorha RS, District- Aurangabad, Bihar.

7. Nabinagar Power Generation Company Ltd. (NPGCL) through its Chief Executive Officer, P.O.- Ankorha RS, Aurangabad, Bihar.

8. The Director HR, NTPC Limited, NTPC Bhawan, SCOPE Complex, Institutional Area, Lodhi Road, New Delhi- 110003.

9. The Collector, Aurangabad, Bihar.

10. The Regional Labour Commissioner, Patna, Bihar.

11. The Labour Superintendent, Aurangabad, Bihar.

... ... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Binod Kumar Singh, Advocate Ms. Vagisha Pragya Vacaknavi, Advocate For the Respondent State: Mr. Sarvesh Kumar, G.P.-24 For the Respondent NTPC : Mr. Tuhin Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 08-10-2021 This matter has been taken up for hearing on-line

because of COVID-19 Pandemic restrictions.

2. It is asserted in the writ application that Utility Power-

tech Limited (in short 'UPL') (respondent 1st set) was constituted

in the year 1995 and under contract agreements, the office support

staffs and workers are provided by the said UPL in all projects of

National Thermal Power Corporation Limited (NTPC) (respondent

No.8). Nabinagar Power Generating Company Limited (in short

'NPGCL') is the wholly owned subsidiary of NTPC located in

Aurangabad district, Bihar.

3. It is the petitioners' case that they were deployed as

support man power through UPL at NPGCL in response to a

purchase order placed by NPGCL to UPL for one year, which was Patna High Court CWJC No.8607 of 2021 dt.08-10-2021

extended continuously for years in past as the nature of job and

post is permanent in nature.

4. It has further been asserted in the writ application that

petitioner No.1 is working as Supervisor/High Skilled Worker in

Civil Department for more than four and half years, Petitioner

No.2 as Skilled Worker R&R Department for more than two and

half years, petitioner No.3 as Senior Accountant/High Skilled

Worker in Finance Department for more than six years, petitioner

No.4 as Supervisor/High Skilled Worker in R&R Department for

more than three and half years, Petitioner No.5 as Supervisor/High

Skilled Worker in Safety Department for more than four years,

petitioner No.6 as Senior Accountant/High Skilled Worker in

Finance Department for more than nine years, petitioner No.7 as

Supervisor/high skilled worker for more than six years, petitioner

No.8 as Supervisor/High Skilled Worker in C&M Department for

more than 11 years, petitioner No.9 as Supervisor/High Skilled

Worker in R&R Department for more than seven years, petitioner

No.10 as Skilled Worker in R&R Department for more than three

years, petitioner No.11 as Supervisor/High Skilled Worker in IT

Department for more than four years, petitioner No.12 as Skilled

Worker in C&M Department for more than three years, petitioner

No.13 as Skilled Worker in R&R Department for more than four Patna High Court CWJC No.8607 of 2021 dt.08-10-2021

years and petitioner No.14 as Supervisor/High Skilled Worker in

C&M Department for more than three years. Their respective

letters of appointment have been brought on record by way of

Annexure-P/1 series. The said letter has been issued by UPL,

which has been shown as joint venture of Reliance Infrastructure

Limited and NTPC Limited.

5. The petitioners have filed this application seeking

direction to the respondents to allow them to continue as

supporting staff for working against various posts in the office of

NGPCL, Nabinagar, Aurangabad, consequent upon deployment by

UPL as the contract period from 17.06.2020 to 16.06.2021 'vide

purchase order dated 15.06.2020' is still in force. Such relief is

being sought not only for the petitioners, but also for other

similarly situated persons. They are also seeking direction for

payment of salary with interest from 26.12.2020 till continuance of

employment under the contract for the period 17.06.2020 to

16.06.2021.

6. I.A. No. 1 of 2021 has been filed in the present writ

application under Order 1 Rule 10(2) of the C.P.C. for addition of

49 persons as petitioners.

7. I.A. No. 1 of 2021, in the Court's opinion, is

completely misconceived and is accordingly rejected. Patna High Court CWJC No.8607 of 2021 dt.08-10-2021

8. From the appointment letters, on which the petitioners

are placing reliance, it is evident that those are letters of

engagement on assignment on fixed tenure basis for the project

site at NPGCL, Nabinagar.

9. Mr. Binod Kumar Singh, learned counsel appearing

on behalf of the petitioners has submitted that since the service

contract for deployment of supervising staff is still in force

between the petitioners and UPL, the UPL is obligated to allow the

petitioners and other similarly situated persons to discharge their

respective duties. He has further submitted that the petitioners are

also entitled for salary with interest for the entire period of

'Dharana' as the petitioners were illegally restrained from

performing their work. He has also contended that the petitioners

are entitled for house rent allowance, conveyance allowance,

mobile allowance etc., which have been arbitrarily reduced. He has

submitted that UPL is 'State' within the meaning of Article 12 of

the Constitution of India for the reason that NTPC Limited is a

Government of India Company and UPL is joint venture of

Reliance Infrastructure Limited and NTPC Limited.

10. It is evident on reading of the pleadings in the writ

application that the workers deployed by UPL at the project of

NPGCL have already approached the State Labour Department, Patna High Court CWJC No.8607 of 2021 dt.08-10-2021

Government of Bihar, and a conciliation proceeding has been

undertaken by the Regional Labour Commissioner (C), Patna.

11. In my opinion, this writ application under Article

226 of the Constitution of India cannot be maintained in the light

of the assertions made in the writ application in view of the nature

of dispute amongst the parties. Further, conciliation proceeding

under the Industrial Disputes Act is already underway.

12. This writ application is accordingly dismissed with

the liberty to the petitioners to raise their claim before appropriate

forum under the Industrial Disputes Act, 1947.

13. There shall, however, be no order as to costs.

(Chakradhari Sharan Singh, J) Pawan/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          08.10.2021.
Transmission Date       N/A