A contract worker engaged through a contractor challenged his reallocation of work. The court held he was not a regular employee of the Power Corporation and his employer was not an instrumentality of State under Article 12, so no writ petition lay, and dismissed it.
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Neutral Citation No. - 2025:AHC:13480
Court No. - 5
Case :- WRIT - A No. - 21048 of 2024 Petitioner :- Sushil Raikwar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dileep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Gaurav Pratap Singh, learned counsel holding brief of Shri Dileep Kumar, learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner is not a regular employee of the Power Corporation. He has been engaged through a contractor/respondent no. 3. The petition is thus an employee of a private organization entity which is not an instrumentality of State within the meaning of Article 12 of the Constitution of India. In this wake the petitioner cannot be permitted to assail the reallocation of work made to him by his contractor. The action has been taken by the respondent no. 3 in terms of a contract between the Power Corporation and the respondent no. 3. In case the contractor is not satisfied, the services of the petitioner may be discontinued. No writ petition is maintainable at the behest of the petitioner.
The writ petition is dismissed.
Order Date :- 27.1.2025 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition is maintainable by a worker engaged through a contractor against reallocation of work by that contractor.
1 provisions across 1 enactments
Sushil Raikwar
State Of U.P.
Ajay Bhanot
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
