Dismissed

Balachandran Nair S.S v. Indian Space Research Organisation

Kerala HC4 Nov 2016WP(C)/14184/2015

Case brief

AI extract

What is this about?

Contract labourers of ISRO and its units sought a mandamus restraining the principal employer from altering their service conditions pending adjudication of their regularization dispute before the Industrial Adjudicator. The court held their rights were inchoate and that the dispute becomes an industrial dispute only if the contract is found sham or camouflage, and dismissed the petitions.

What the court decided

AI extract

Balachandran Nair S.S Vs Indian Space Research… — Labour and Industrial Disputes | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938

¶5

WP(C).No. 14184 of 2015 (W)

¶6

PETITIONER(S):

¶7

1. BALACHANDRAN NAIR S.S., CONTRACT TECHNICIAN III, MVITA/VSSC,

¶8

RESIDING AT SOUBHAGYA, ARASUPARAMBU, NEDUMANGAD P.O, TRIVANDRUM.

¶9

2. AJITHA K.R., CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶10

RESIDING AT SOUBHAGYA, ARASUPARAMBU, NEDUMANGAD P.O, TRIVANDRUM.

¶11

3. INDU G.NAIR, CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶12

RESIDING AT TC 5/2123, LEKSHMI NIVAS, KOKKODU, KAWDIAR P.O, TRIVANDRUM.

¶13

4. ASOKAN S., CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶14

RESIDING AT THOPPILCHARUVILA AATTAIKATHU PUTHEN VEEDU, KOOTTAPPARA, KARAKULAM P.O, TRIVANDRUM.

¶15

5. RAJANEESH K.,

¶16

CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶17

RESIDING AT KONATHU VEEDU, MARUTHUMMOODU, CHETTACHAL P.O, VITHURA, TRIVANDRUM.

¶18

6. SHAMNAD J., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶19

RESIDING AT SAJAD MANZIL, ETTIMOOD, MUTHUVILA P.O, KALLARA, TRIVANDRUM.

¶20

7. EDWIN JACOB M., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶21

RESIDING AT BETHEL, TC 19/1815 3, PNRA 100A, CHURCH ROAD, POOJAPPURA, TRIVANDRUM.

¶22

8. SUNIL B., CONTRACT TECHNICIAN II, MVIIT/VSSC, RESIDING AT BETHEL HOUSE, ALARTHALA, POWDIKONAM P.O, TRIVANDRUM.

¶23

2/-

¶24

-2-

¶25

WP(C).No. 14184 of 2015 (W)

¶26

9. MARTIN K., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶27

RESIDING AT KILIKKOTTUKONATHU VALIAVILA VEEDU, UROOTTAMBALAM P.O, TRIVANDRUM -695 507.

¶28

10. KUMARI SHEELA K.B., CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶29

RESIDING AT SHEELAS, MELAMCODE, PAZHAKUTTY P.O, NEDUMANGADU, TRIVANDRUM.

¶30

11. BEENA L.,

¶31

CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶32

RESIDING AT AKHILAM KRA 98 B, VEEPADU, MUKKOLA P.O, TRIVANDRUM.

¶33

12. SUBHASH KUMAR P.K., CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶34

RESIDING AT SWATHY, VELLAINADU P.O, TRIVANDRUM.

¶35

13. CHANDRA KUMAR V.,

¶36

CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶37

RESIDING AT THADATHARIKATHU VEEDU, KONNAMOODU, MANPURAM, CHULLIMANOOR P.O, TRIVANDRUM.

¶38

14. A.ABDUL LATHEEF, CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶39

RESIDING AT AASIA MANZIL, PALODE, PAPPANAMCODE, PANAGODE P.O, TRIVANDRUM.

¶40

15. SURESH V.,

¶41

CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶42

RESIDING AT KRISHNA NIVAS, TC 3/463-1, MUTTADA P.O, TRIVANDRUM.

¶43

16. NASEER H., CONTRACT TECHNICIAN III, MVIIT/VSSC,

¶44

RESIDING AT SALEENA MANZIL, VATTAKKARIKKAKOM P.O, PALODE, TRIVANDRUM.

¶45

17. SIJU P.S., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶46

RESIDING AT THADATHARIKATHU VEEDU, PALAM, PULAMPARA P.O, VENJARAMOODU, TRIVANDRUM.

¶47

18. BAIJU B., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶48

RESIDING AT THOPPIL CHARUVILA ATTARIKATHU VEEDU, KOOTTAPPARA, KARAKULAM P.O, TRIVANDRUM.

¶49

3/-

¶50

-3-

¶51

WP(C).No. 14184 of 2015 (W)

¶52

19. SREERAJ V.S., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶53

RESIDING AT SREERAJ BHAVAN, ULIYOOR, PAZHAKUTTY P.O, TRIVANDRUM.

¶54

20. KARTHIKA S., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶55

RESIDING AT PINNATTUVILA VEEDU, POIKAMUKKU P.O, AVANAVANCHERRY, TRIVANDRUM.

¶56

21. SARATH KUMAR S.S., CONTRACT TECHNICIAN II, MVIIT/VSSC,

¶57

RESIDING AT KANNETTUVILAKATHU VEEDU, PANAGOTTELA, KARIPPOOR P.O, NEDUMANGAD, TRIVANDRUM.

¶58

22. GOPAKUMAR K., CONTRACT TECHNICIAN III, QCPG/VSSC,

¶59

RESIDING AT GOKULAM MYTHRI NAGAR, 6TH STONE, KARAKULAM P.O, TRIVANDRUM- 695 564.

¶60

23. SANTHOSH KUMAR K.,

¶61

CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,

¶62

RESIDING AT CHENAVILAGAM, KANNANAGAM, KOLLEMCODE, KANYAKUMARI DISTRICT, TAMILNADU.

¶63

24. AISWARYA V.M.,

¶64

TECHNICAL ASSISTANT, MVIT/VSSC, SIVASAKTHI,

¶65

DEVIPURAM, EDAVAKOD, POWDIKONAM P.O, TRIVANDRUM -695 588.

¶66

25. RASHMI M.CHETTIYAR, CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,

¶67

RESIDING AT ROADARIKATHU PUTHEN VEEDU, VELLAMKUDY, KALLARA P.O, TRIVANDRUM.

¶68

26. LAVANYA J.P.,

¶69

CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC, RESIDING AT CHERUVALLIKUZHY VEEDU, MELAMCODE, PAZHAKUTTY P.O, TRIVANDRUM.

¶70

27. SUKUMARI K.,

¶71

CONTRACT TECHNICIAN III, IISU/VSSC,

¶72

RESIDING AT TC 40/734(2), SREEVIGHNESH, THOPPUMUKKU, SREEVARAHAM, MANACAUD, TRIVANDRUM.

¶73

28. BIJU K.R.,

¶74

CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT TC 11/1183, WATTS LANE, NANDANCODE, TRIVANDRUM.

¶75

4/-

¶76

-4-

¶77

WP(C).No. 14184 of 2015 (W)

¶78

29. SURESH KUMAR A., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT MAMOOTTIL HOUSE, NETTIRACHIRA, NEDUMANGADU P.O, TRIVANDRUM.

¶79

30. SARATH RAJ., CONTRACT TECHNICIAN II, IISU/VSSC,

¶80

RESIDING AT SARAS, 11TH STONE, CHERUVALLIKONAM, NEDUMANGAD, TRIVANDRUM.

¶81

31. BAIJU S., CONTRACT TECHNICIAN II, IISU/VSSC,

¶82

RESIDING AT THALIKKOTTU VALIYAVILA VEEDU, MUTTADA, TRIVANDRUM.

¶83

32. ABRAHAM M.A., CONTRACT TECHNICIAN 1, IISU/VSSC,

¶84

RESIDING AT MUDAPALLYMEPRATHU, THURUTHICAUD P.O, KALLOOPPARA, PATHANAMTHITTA.

¶85

33. AKHIL S. RAVEENDRAN, CONTRACT TECHNICAL ASSISTANT, IISU, VSSC,

¶86

RESIDING AT TC 49/315121, VALIYAVILAKAM, KAMALESWARAM, PRA 104, TRIVANDRUM.

¶87

34. REETTU P.R., CONTRACT TECHNICIAN III, AVN/VSSV,

¶88

RESIDING AT REETTU BHAVAN, KARIPOORU P.O, NEDUMANGAD, TRIVANDRUM.

¶89

35. THANZEER A.K., CONTRACT TECHNICIAN III, IISU/VSSC,

¶90

RESIDING AT THANZEER MANZIL, PINAKOTTUKONAM, PALAMKONAM P.O, TRIVANDRUM.

¶91

36. HARIKUMAR N., CONTRACT TECHNICIAN III, IISU/VSSC, THOTTATHIL VEEDU, MULLASSERY, KARAKULAM, TRIVANDRUM.

¶92

37. BIJU G.,

¶93

CONTRACT TECHNICIAN III, IISU/VSSC, MUNNUTHOTTIL PUTHAN VEEDU, ANAKUDY P.O, VAMANAPURAM, THIRUVANANTHAPURAM.

¶94

38. ANEESH K.R., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT SAMATHI VI 3/1436, CHEENIKONAM, MANIKANDESWARAM P.O, THIRUVANANTHAPURAM.

¶95

39. NAVEEN R., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT MANOJ BHAVAN, KODUMAN EAST, PATHANAMTHITTA.

¶96

5/-

¶97

-5-

¶98

WP(C).No. 14184 of 2015 (W)

¶99

40. SAJEEVAN C.S., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT NANDANAM, VRA -B53, PARAMBUMUKKU, PULIYARAKONAM P.O, TRIVANDRUM.

¶100

41. ARUN T. NAIR., CONTRACT TECHNICIAN III, IISU/VSSC,

¶101

RESIDING AT SOUPARNIKA JANASHAKTHI NAGAR, 85A, ALAMCODE, PONGUMMOODU, MEDICAL COLLEGE P.O, TRIVANDRUM.

¶102

42. JAYAKUMAR K., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT RADHAKRISHNA VILASOM, KOKOTHAMANGALAM, MUNDELA P.O, NEDUMANGAD, TRIVANDRUM.

¶103

43. SAIFUDEEN M.,

¶104

CONTRACT TECHNICIAN III, IISU/VSSC,

¶105

RESIDING AT MATTUMMAL HOUSE, ATHIRISERY P.O, MALAPPURAM.

¶106

44. RAJEEV M.,

¶107

CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT DR.PAILANE, DR.PRNA 47, OPPO. PAREEKSHA BHAVAN, POOJAPPURA, TRIVANDRUM.

¶108

45. JAYAKUMAR.S.,

¶109

CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT KALLANOORKONATHU PUTHEN VEEDU, MANCHAVILAKOM P.O, TRIVANDRUM.

¶110

46. BINDUMOL L.S., CONTRACT OFFICE ASSISTANT III, MVIT/VSSC,

¶111

RESIDING AT ABHIRAM CHAYAM, VITHURA P.O, THIRUVANANTHAPURAM.

¶112

47. RAJALEKSHMI, CONTRACT OFFICE ASSISTANT II, MVIT/VSSC,

¶113

RESIDING AT ASWATHY BHAVAN, VELIYANOOR P.O, VELLANAD, TRIVANDRUM.

¶114

48. LIJI T., CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT GEETHASADANAM, KODIKATTAKKAL VEEDU, ENIKKARA, TRIVANDRUM.

¶115

49. SARITHA S., CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT MANIMANDIRAM, KODUVAZHATHOOR P.O, PULIMATH, TRIVANDRUM.

¶116

6/-

¶117

-6-

¶118

WP(C).No. 14184 of 2015 (W)

¶119

50. NANDU C.P., CONTRACT OFFICE ASSISTANT I, MVIT/VSSC, RESIDING AT CHANDRA BHAVAN, OYOOR P.O, KOLLAM.

¶120

51. RAJESH R., CONTRACT TECHNICIAN II, CMSE, IISU, VSSC, RESIDING AT KUZHIVILA PUTHEN VEEDU, KODANGAVILA P.O, KODANGAVILA, THIRUVANANTHAPURAM.

¶121

52. HENSIN C., CONTRACT TECHNICIAN II, IISU, VSSC,

¶122

RESIDING AT KANNANKARIVILA, MOOLACHAL, MEKKAMANDAPAM, KANYAKUMARY.

¶123

53. PRAEEN B., CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,

¶124

RESIDING AT PRAMOD BHAVAN, KAVADITHALAYKAL, MANIMKANTESWARAM P.O, TRIVANDRUM.

¶125

54. ASWATHY C.,

¶126

OFFICE ASSISTANT, MVIIT/VSSC, RESIDING AT ASWATHY BHAVAN, KANJIRAMCODE, KARIPOOR P.O, TRIVANDRUM.

¶127

55. PRADEEP K.K.,

¶128

CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,

¶129

RESIDING AT KADINAKKARA HOUSE, CHELAKODE P.O, THRISSUR.

¶130

56. SREELATHA S.,

¶131

CONTRACT OFFICE ASSISTANT II, MVIT/VSSC,

¶132

RESIDING AT SARASWATHY BHAVAN, ANDOORKONAM P.O, POTHENCODE, TRIVANDRUM.

¶133

57. PRIJU KUMAR S.P.,

¶134

CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,

¶135

RESIDING AT SUKU BHAVAN, MANCHA, NEDUMANGAD P.O, TRIVANDRUM.

¶136

58. ASWATHY A.,

¶137

CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT CHIRATHALAKKAL VEEDU, VELLOORKONAM, MANCHA P.O, NEDUMANGAD, TRIVANDRUM.

¶138

59. ASWATHY A.,

¶139

CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT RATHI BHAVAN, ARASUPARAMBU, NEDUMANGAD P.O, TRIVANDRUM.

¶140

60. THARA V.,

¶141

CONTRACT OFFICE ASSISTANT I, MVIT/VSSC, RESIDING AT KARTHIKA, KALLUVARAMBU, POOVATHOOR P.O, NEDUMANGAD, TRIVANDRUM.

¶142

7/-

¶143

-7-

¶144

WP(C).No. 14184 of 2015 (W)

¶145

61. ANJU S.P., CONTRACT OFFICE ASSISTANT I, MVIT/VSSC, RESIDING AT SUKUBHAVAN, MANCHA, NEDUMANGAD P.O, TRIVANDRUM.

¶146

62. ANJU S.P., CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT ARUNODAYAM, MUKKOLAKKAL, NEDUMANGAD P.O, TRIVANDRUM.

¶147

63. ARUN P.R.,

¶148

CONTTRACT TECHNICAL ASSISTANT, IISU, VSSC, RESIDING AT MOONNAMKIZHAKKATHIL, PRAKULM P.O, KOLLAM.

¶149

64. SABARI S.S.,

¶150

CONTRACT TECHNICIAN II, IISU/VSSC, RESIDING AT VAYALVARAM, DANUVACHAPURAM, DANUVACHAPURAM P.O, TRIVANDRUM.

¶151

65. SIVAPRSAD K.P.,

¶152

CONTRACT TECHNICAL ASSISTANT, IISU/VSSC, RESIDING AT DEVIKRIPA, TC 21/1354 (6), KRA 59 A SOMAN NAGAR, NEDUMKADU, KARAMANA P.O., TRIVANDRUM.

¶153

66. SELVARAJ L.R., CONTRACT ENGINEER, IISU/VSSC, RESIDING AT NEDUNGULAM P.O, THIRUMANGALAM, MADURAI, TAMILNADU.

¶154

67. SUMITH M.S., CONTRACT TECHNICAL ASSISTANT, IISU/VSSC,

¶155

RESIDING AT KADANGARAKADA VEEDU, PUTHAKULAM P.O, KOLLAM.

¶156

68. SANDEEP V.S.,

¶157

CONTRACT TECHNICAL ASSISTANT, IISU/VSSC, RESIDING AT VIJIS, K.K NAGAR, KALLAYAM P.O, TRIVANDRUM- 695 043.

¶158

69. VINEETH S.S.,

¶159

CONTRACT TECHNICAL ASSISTANT, IISU/VSSC, RESIDING AT SIVAJYOTHI, PILLAVEETUVILAI, KURUMATHOOR, KUZHITHURA P.O, KANYAKUMARI, TAMILNADU.

¶160

70. MANOJ G., CONTRACT TECHNICIAN III, IISU/VSSV, RESIDING AT LEELA BHAVAN, MANNARAMPOTTA, KEEZHAROOR P.O, NEYYATTINKARA 695 130, TRIVANDRUM.

¶161

71. RAJASEKHARAN R., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT MOOLACHEL VADASSERY VILAI, MEKKAMANDAPAM P.O, KANYAKUMARI, TAMILNADU.

¶162

8/-

¶163

-8-

¶164

WP(C).No. 14184 of 2015 (W)

¶165

72. KANNAN G., TECHNICAL ASSISTANT I, IISU/VSSC, RESIDINGA T LEKSHMI VILASOM, AP-552, KAITHAKUZHI, NEAR AYIRAVALLI TEMPLE, ARUVIKKARA P.O, TRIVANDRUM.

¶166

73. RAJESH T.K., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶167

RESIDING AT THITTAYIL HOUSE, THOPPIL MANNAM P.O, PARAVUR, ERNAKULAM.

¶168

74. VIMAL RAJ V.O.,

¶169

CONTRACT TECHNICIAN I, MVIT/VSSC,

¶170

RESIDING AT CHRIST BHAVAN, THOPPUVILA, KODANGAVILA P.O, TRIVANDRUM.

¶171

75. SREEJITH C.V., CONTRACT TECHNICIAN I, MVIT/VSSC,

¶172

RESIDING AT SREEJU NIVAS, TAGORE ROAD, TRIKKANNAPURAM, ARMADA P.O, TRIVANDRUM.

¶173

76. SHINU ALEX A.U.,

¶174

CONTRACT TECHNICAL ASSISTANT, MVIT/VSSV,

¶175

RESIDING AT MARRYS COTTAGE, KUSSARCOD, POOVATHOOR P.O, NEDUMANGAD, TRIVANDRUM.

¶176

77. BALACHANDRAN P.,

¶177

CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶178

RESIDING AT VETTUVILA MEENAKSHI MANDIRAM, PORANOOR, PLAMOOTTUKADA P.O, AMARAVILA, NEYYATTINKARA, TRIVANDRUM.

¶179

78. MURALEEDHARAN K.,

¶180

CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶181

RESIDING AT THOPPUVILAKATHU VEEDU, TC 49/728, MEDAMUKKU, MANACAUD P.O, TRIVANDRUM.

¶182

79. GOPAKUMAR M.V.,

¶183

CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶184

RESIDING AT MADHAVA VILASAM BANGLOW, KORANAMCODE, KOTTAKKAL P.O, TRIVANDRUM.

¶185

80. ANIL KUMAR K.,

¶186

CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶187

RESIDING AT SANAL BHAVAN, AYAYIL, ARUVIPURAM P.O, TRIVANDRUM.

¶188

81. GAGARIN A.M., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶189

RESIDING AT VIJAYA HOUSE, MULAKKOTTUKARA, VITHURA P.O, NEDUMANGAD, TRIVANDRUM.

¶190

9/-

¶191

-9-

¶192

WP(C).No. 14184 of 2015 (W)

¶193

82. MANU R., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶194

RESIDING AT REVATHY, THENGARA MUKAL, KALLAYAM P.O, TRIVANDRUM.

¶195

83. SURESH S., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶196

RESIDING AT KAWSTHUBHAM, METTUKADA, MALAYINKIL P.O, TRIVANDRUM.

¶197

84. GIREESH KUMAR C.S., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶198

RESIDING AT TC 39/1730(1), ELANGAMVILAKATHU VEEDU, KURYATHI, MANACAUD P.O, TRIVANDRUM.

¶199

85. KRISHNAKUMAR M.P., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶200

RESIDING AT M.P.NIVAS, KP 9/44, AKG NAGAR ROAD, PEROORKADA P.O, TRIVANDRUM.

¶201

86. SHINOD C.B., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶202

RESIDING AT SREEJA NIVAS, TC 33/572, VETUCAUD TTP POST, TRIVANDRUM.

¶203

87. SHIBU KUMAR V., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶204

RESIDING AT PUNNAVILA VEEDU, POONKULAM, VALLAYANI P.O, TRIVANDRUM.

¶205

88. ARUNESH S.V., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶206

RESIDING AT S.V SADANAM, SRUVIPURAM P.O, NEYYATTINKARA, TRIVANDRUM.

¶207

89. SYAMRAJ T.S., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶208

RESIDING AT SYAMALALAYA KUMILI NAGAR, PACHALOOR P.O, TRIVANDRUM.

¶209

90. SUJITH S., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶210

RESIDING AT IDAYAKANDATH VADEKETHATTU VEEDU, CHEENIVILA, KOOVALASSERY P.O, TRIVANDRUM.

¶211

91. MOHAMMED RAZI., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶212

RESIDING AT KAPPIVILA, MEKATHATTUPUTHEN VEEDU, ARALUMMOODU P.O, TRIVANDRUM.

¶213

92. VINOD B.S., CONTRACT TECHNICIAN, CMSE,IISU/VSSC, RESIDING AT KOLAMVILAKAM, PERINGAMALA, KALLIYOOR P.O, TRIVANDRUM.

¶214

10/-

¶215

-10-

¶216

WP(C).No. 14184 of 2015 (W)

¶217

93. G.SATHEESH KUMAR., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT TC 2/2360, T.N ROAD, PLAMOODU, PATTAM, TRIVANDRUM.

¶218

94. BIJU B., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶219

RESIDING AT KOLLAVILAKATHU PUTHEN VEEDU, KOLLAKUDUYETTAM, PANACHAMOODU, TRIVANDRUM.

¶220

95. RENJITH C.,

¶221

CONTRACT TECHNICIAN 1, CMSE,IISU/VSSC,

¶222

RESIDING AT UPPINICHAN VILA VEEDU, PARANIYAM, VAZHIMUKKU, PUTHIYATHURA P.O, TRIVANDRUM.

¶223

96. HIMESH S.B.,

¶224

CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT SREEKRISHNA MANDIRAM, MANGALATHUKONAM, KATTACHALIKUZHY P.O, TRIVANDRUM.

¶225

97. ANIL KUMAR S., CONTRACT TECHNICIAN 11, CMSE,IISU/VSSC,

¶226

RESIDING AT NIRMALYAM NEDUVILA PUTHEN VEEDU, AYIRA P.O, PARASSALA, TRIVANDRUM.

¶227

98. SIVAPRASAD U.,

¶228

CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶229

RESIDING AT PARVATHY, KUNNATHU PUTHEN VEEDU, POLICE HQ ROAD, NEMAM P.O, TRIVANDRUM.

¶230

99. JEFIN PAUL,

¶231

CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶232

RESIDING AT BETHEL HOUSE, THANNINNINNA VILA, KUDANGAVILA P.O, ARALUMMOODU, TRIVANDRUM.

¶233

100. RENJITH RAJ T.O.,

¶234

CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT RAJ BHAVAN, KANNEERU, ARUMANOOR, POOVAR P.O,TRIVANDRUM.

¶235

101. MANULAL M.S., CONTRACT TECHNICIAN 1, CMSE,IISU/VSSC, RESIDING AT MANIVEENA, CHELLAMKODU, NEDUMANGAD, TRIVANDRUM.

¶236

102. VIGNESH RAJ S.,

¶237

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC, RESIDING AT TC 54/770, KALABHAVAN, NADUVATH, KARAKKAMANDAPAM, NEMAM, TRIVANDRUM.

¶238

103. JOSEPH A., CONTRACT TECHNICIAN, CMSE,IISU/VSSC, RESIDING AT NEEMA BHAVAN, AYANAMCODE MUKKOLA, DHANUVACHAPURAM P.O, TRIVANDRUM.

¶239

11/-

¶240

-11-

¶241

WP(C).No. 14184 of 2015 (W)

¶242

104. AJITH KUMAR J.K., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT KARUNYA, KONNANOORKONAM, KUNANTHUKAL, KARAKONAM P.O, TRIVANDRUM -695 504.

¶243

105. STALIN JOSE J., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶244

RESIDING AT ST.PETERS NAGAR HOUSE NO.7, HOSPITAL JUNCTION, PARASSALA P.O, TRIVANDRUM.

¶245

106. JOYKUTTY J., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,

¶246

RESIDING AT NELLIYOTTUKONAM SEJIN NIVAS, THONNGAMPARA, KATTAKADA, TRIVANDRUM.

¶247

107. RENJU R.,

¶248

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC, RESIDING AT RENJU BHAVAN, CHOOTTAYIL P.O, KILIMANOOR, TRIVANDRUM.

¶249

108. RETHEESH KUMAR J.L.,

¶250

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶251

RESIDING AT J.L MANDRIAM, SASTHAMKONAM, POOVACHAL, TRIVANDRUM.

¶252

109. JYOTHISH KUMAR G.S., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶253

RESIDING AT JYOTHISH BHAVANAM, VADAKKE NEDIYAVILA, KANJIRAMKULAM P.O, TRIVANDRUM.

¶254

110. PRAMOD S.SYLUS.,

¶255

CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,

¶256

RESIDING AT PENIEL, NEDIYAKALA, KANJIRAMKULAM P.O, TRIVANDRUM.

¶257

111. RAJAN C.,

¶258

CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT PUTHUVAL PUTHAN VEEDU, MANGALA, MELPALAI P.O, KANYAKUMARY, TRIVANDRUM.

¶259

112. MANJESH KUMAR R.,

¶260

CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT PALAMOOTTIL HOUSE, PERUMPALLI, KAVANADU P.O, KOLLAM.

¶261

113. REEDA SEBASTIAN R., CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC, RESIDING AT CHRIST BHAVAN, KANIYANKONAM, VELLOORKONAM, MANCHA P.O, NEDUMANGAD, TRIVANDRUM.

¶262

12/-

¶263

-12-

¶264

WP(C).No. 14184 of 2015 (W)

¶265

114. RAKHESH N.K., CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,

¶266

RESIDING AT CHERUMUNDY THAZHE HOUSE, ULLIYERI P.O, KOYILANDI, KOZHIKODE.

¶267

115. ANOSH KUMAR M.S., CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,

¶268

RESIDING AT P.T HOUSE, KUSARKODE, POOVATHOOR P.O, NEDUMANGADU, TRIVANDRUM.

¶269

116. SYAM A.,

¶270

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC, RESIDING AT GOPU BHAVAN, CHOWALLUR, PULIYARAKONAM P.O, TRIVANDRUM.

¶271

117. SURAJ S.,

¶272

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶273

RESIDING AT SURESH BHAVAN, KHADI BOARD LANE, KAVALOOR, VATTIYOORKAVU P.O, TRIVANDRUM.

¶274

118. JINU J.L.,

¶275

CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,

¶276

RESIDING AT THRIJAYA BHAVAN, MUKKOLA, KALLAYAM, TRIVANDRUM.

¶277

119. SHIBU K.,

¶278

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶279

RESIDING AT AKKARATHINVILA VEEDU, SHIVANCOIL ROAD, BALARAMAPURAM P.O, TRIVANDRUM.

¶280

120. AJEESH A.M.,

¶281

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶282

RESIDING AT AJEESH BHAVAN, CHIRATHALAYKKAL, KUTTICHAL P.O, TRIVANDRUM.

¶283

121. VIJIKUMAR S.,

¶284

CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,

¶285

RESIDING AT PUSHPAVILASAM, KAVINPURAM, ALAMUKKU, POOVACHAL, TRIVANDRUM.

¶286

122. VINEESH V.U., CONTRACT OFFICE ATTENDANT, MVIT/VSSC, RESIDING AT KOORUVILA VEEDU, KAVUMMOOLA, KARIPOOR P.O, NEDUMANGADU, TRIVANDRUM.

¶287

13/-

¶288

-13-

¶289

WP(C).No. 14184 of 2015 (W)

¶290

123. ABHILASH C.S., CONTRACT TECHNICIAN, LPSC, RESIDING AT ASI COTTAGE, MARUTHAMOODU, PANTHALOCODE P.O, VATTAPPARA, TRIVANDRUM.

¶291

BY ADVS.SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN

¶292

RESPONDENT(S):

¶293

1. INDIAN SPACE RESEARCH ORGANISATION, ANTARIKSH BHAVAN, NEWBEL ROAD,

¶294

BANGALORE -560 231, REPRESENTED BY ITS CHAIRMAN.

¶295

2. DIRECTOR VIKRAM SARABHAI SPACE CENTRE, VELI, THIRUVANANTHAPURAM. PIN-695 001

¶296

3. DIRECTOR, LIQUID PROPULSION SYSTEMS CENTRE,

¶297

VALIYAMALA, TRIVANDRUM -695 547.

¶298

4. DIRECTOR, INDIAN SPACE RESEARCH ORGANISATION,

¶299

INTERTIAL SYSTEM UNIT, VATTIYOORKAVU P.O, THIRUVANANTHAPURAM- 695 013.

¶300

5. DEPUTY DIRECTOR, COMPOSITE MATERIAL SYSTEM ENTITY,

¶301

VATTIYOORKAVU P.O, THIRUVANANTHAPURAM-695 361

¶302

6. CONTROLLER, LIQUID PROPULSION SYSTEMS CENTRE (LPSC),

¶303

VALIYAMALA, TRIVANDRUM- 695 547.

¶304

7. CONTROLLER, VIKRAM SARABHAI SPACE CENTRE (VSSC) VELI,

¶305

THIRUVANANTHAPURAM.

¶306

8. REGIONAL LABOUR COMMISSIONER (CENTRAL), UPPALAM ROAD, TRIVANDRUM. PIN-695 001

¶307

9. MANAGER,

¶308

SIVAVASU ELECTRONICS, SREE PARAMESH KP 11/201

¶309

NEAR AMBALATHIL HALL, NCC ROAD, PEROORKADA P.O, THIRUVANANTHAPURAM. PIN-695 003

¶310

10. SECRETARY, ISRO APPRENTICE HOLDERS SOCIETY, REGN.NO.T-703/98, CHELAPPURAM KARAKULAM, THIRUVANANTHAPURAM.

¶311

14/-

¶312

-14-

¶313

WP(C).No. 14184 of 2015 (W)

¶314

11. SECRETARY, CENTRAL ELECTRONICS SOCIETY,

¶315

AYIROOR P.O, VARKALA, THIRUVANATHAPURAM-695 361

¶316

12. SECRETARY, RAJ ENGINEERS CHARITABLE SOCEITY, KODNAGAVILA KODANGAVILA P.O,

¶317

THIRUVAANTHAPURAM VIJAYARAJAN (PROPRIETOR).

¶318

13. MANAGER, MINI ELECTRICAL ENGINERING WORKS,

¶319

TC 8/1120, VALLAVILA, THIRUMALA P.O, THIRUVANANTHAPURAM -695 006.

¶320

14. MANAGER, BS ENGINEERING WORKS, VENPAKAL,

¶321

VENPAKAL P.O, THIRUVANANTHAPURAM.

¶322

15. SECRETARY, AEROSPACE TECH SOCIETY, REG.NO.T-1475/2009, TC 2/2360(1) TPJ ROAD, PLAMMOODU, PATTOM P.O, THIRUVANANTHAPURAM- 695 004.

¶323

16. MANAGER,

¶324

LEELA AUTO AND GENERAL AGENCIES,

¶325

SANKAR NAGAR, KAIMANAM P.O, THIRUVANANTHAPURAM 695 040.

¶326

17. MANAGER, IYDA MECHANICAL ENGINEERING WORKS,

¶327

MALIYABAL HOUSE, TC 19/604(4), VELANPADAPPU LANE SOUTH ROAD, MUDAVANMUGAL, POOJAPPURA P.O, THIRUVANANTHAPURAM -695 102.

¶328

18. MANAGER, MILLENIUM SPACE ELECTRONICS,

¶329

TC 41/2458, KATTUVILAKOM, TRA 95 MANACAUD, THIRUVANANTHAPURAM-695 008

¶330

19. SECRETARY,

¶331

SARABHAI MEMORIAL SOCIETY FOR PHYSICALLY HANDICAPED, REG.NO.T 256/07 KUZHIKKADA, MARUTHOOR, VATTAPPARA P.O, THIRUVANANTHAPURAM-695006.

¶332

20. MANAGER,

¶333

RAJKUMAR DRAFTING WORKS, NEAR TECHNICAL HIGH SCHOOL, NEDUMANGADU, THIRUVANANTHAPURAM-695542.

¶334

21. SECRETARY SEVANAM CHARITABLE SOCIETY, REG.NO.627/08, SEVANAM POOVATHOOR P.O, NEDUMANGADU, THIRUVANANTHAPURAM-695542.

¶335

.....15/-

¶336

..15..

¶337

WP(C).No. 14184 of 2015 (W)

¶338

*ADDL.R22 & 23 IMPLEADED

¶339

22. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.

¶340

23. SECRETARY, DEPARTMENT OF SPACE, GOVERNMENT OF INDIA, NEW DELHI - 110 001.

¶341

ADDL.R22 & 23 ARE IMPLEADED AS PER ORDER DATED 2/12/2015 IN IA.16979/2015.

¶342

R1 TO R8,R22 & R23 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY ADV. SRI.K.SHRI HARI RAO, CGC SMT.SREEKALA.K.L., CGC R1-R7,ADDL.R22 & R23 BY SRI.K.RAMAKUMAR,SENIOR ADVOCATE R9 BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. SRI.GOVIND PADMANAABHAN R10,R13 & R20 BY ADV. SMT.THUSHARA RAVI R10,R13,R20,R12,R14 & R21 BY ADVS. SMT.K.R.KRISHNAKUMARI SMT.P.V.RADHAMANI R15,R16,R17,R18 & R19 BY ADVS. SRI.S.NARAYANAN NAIR SRI.V.R.PRASOBH SRI.A.V.LIYAH R22 & R23 BY ADV. SMT.ASHA BABU

¶343

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2016,ALONG WITH WPC.NO.32501/2016 AND WPC.NO.34162/2016, THE COURT ON 04-11-2016 DELIVERED THE FOLLOWING:

¶344

sts

¶345

WP(C).No. 14184 of 2015 (W)

¶346

APPENDIX

¶347

PETITIONER(S)' EXHIBITS

¶348

EXHIBIT P1. COPY OF THE DOCUMENT CONTAINING NAMES OF THE 123 WORKERS, THEIR DETAILS LIKE ADDRESS, AGE, TECHNICAL AND ACADEMIC QUALIFICATIONS, DATE OF JOINING SERVICE, SECTION/DIVISION/ENTITY WHERE THEY ARE ENGAGED ETC.

¶349

EXHIBIT P2. COPY OF THE DOCUMENT EXPLAINING THE DETAILS OF THE WORK AWARDED AS PER EACH WORK ORDER SEPARATELY.

¶350

EXHIBIT P3. COPY OF THE WORK ORDER NO.8701 2014 0062710101 DATED 28.2.2015 ISSUED TO THE 9TH RESPONDENT.

¶351

EXHIBIT P3(A). COPY OF THE REPRESENTATION DATED 20.4.15 SUBMITTED BY THE REGISTERED TRADE UNION VIZ, ISRO CASUAL WORKERS UNION, REGISTRATION NUMBER 01/08 OF 1997, KIZHAKKE BUNGALOW, NEDUMANGAD 695 541.

¶352

EXHIBIT P4. COPY OF THE REPRESENTATION DATED 30.4.15 SUBMITTED BY THE PETITIONERS.

¶353

EXHIBIT P5. COPY OF THE REPRESENTATION DATED 04.05.15 SUBMITTED BY THE REGISTERED TRADE UNION VIZ, ISRO CASUAL WORKERS UNION, REGISTRATION NUMBER 01/08 OF 1997, KIZHAKKE BUNGALOW, NEDUMANGAD 695 541.

¶354

EXHIBIT P6. COPY OF THE ORDER NO.L42011(14)/80/B.2.N DATED 1/1/1981 ISSUED BY THE MINISTRY OF LABOUR, GOVERNMENT OF KERALA

¶355

EXHIBIT P7. COPY OF THE ORDER NO.7/6(1)/79-1 DATED 17/1/1981 ISSUED BY THE DEPARTMENT OF SPACE, GOVERNMENT OF INDIA

¶356

EXHIBIT P8: THE TRUE COPY OF A BROCHURE PUBLISHED BY ISRO

¶357

EXHIBIT P8(A): THE TRUE COPY OF THE DOCUMENT EVIDENCING THE LAUNCH OF 40 SATELLITES BY COUNTRIES OTHER THAN INDIA USING PSLV FROM 26.5.1999 TO 30.6.2014

¶358

EXHIBITP8(B): THE TRUE COPY OF THE DOCUMENT REVEALING THE INFORMATION AVAILABLE FROM THE GOVERNMENT OFFICIAL WEBSITE CONNECTED WITH ISRO

¶359

EXHIBIT P9: A SAMPLE COPY OF A WORK ORDER

¶360

EXHIBIT P9(A): THE TRUE COPY OF A LETTER OF APPRECIATION DATED 11.3.2013 GIVEN TO THE 41^ST PETITIONER BY THE DIRECTOR OF IISU, VATTIYOORKAVU FOR A PARTICULAR WORK ASSIGNED TO HIM VIZ. REPLACEMENT OF FIELD PROGRAMMABLE GATE ARRAY (FPGA) DEVICES IN WHEEL DRIVE ELECTRONICS MODULE (WDE) FOR IRNSS-1A PROJECT

¶361

2/-

¶362

-2-

¶363

WP(C).No. 14184 of 2015 (W)

¶364

EXHIBIT P9(B): THE TRUE COPY OF THE OFFICIAL DOCUMENT CONTAINING DETAILS OF PHASE 1 CONSTELLATION OF INDIAN REGIONAL NAVIGATION SATELLITE SYSTEM (IRNSS) VIZ. IRNSS-1A WHICH WAS LAUNCHED ON 1.7.2013

¶365

EXHIBIT P10: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 1^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶366

EXHIBIT P11: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 2^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶367

EXHIBIT P12: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 3^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶368

EXHIBIT P13: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 4^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶369

EXHIBIT P14: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 5^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶370

EXHIBIT P15: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 6^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶371

EXHIBIT P16: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 7^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶372

EXHIBIT P17: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 8^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶373

EXHIBIT P18: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 9^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶374

EXHIBIT P19: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 10^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶375

EXHIBIT P20: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 11^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶376

EXHIBIT P21: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 12^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶377

3/-

¶378

-3-

¶379

WP(C).No. 14184 of 2015 (W)

¶380

EXHIBIT P22: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 13^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶381

EXHIBIT P23: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 14^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶382

EXHIBIT P24: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 15^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶383

EXHIBIT P25: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 16^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶384

EXHIBIT P26: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 17^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶385

EXHIBIT P27: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 18^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶386

EXHIBIT P28: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 19^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶387

EXHIBIT P29: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 20^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶388

EXHIBIT P30: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 21^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶389

EXHIBIT P31: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 22^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶390

EXHIBIT P32: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 23^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶391

EXHIBIT P33: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 24^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶392

EXHIBIT P34: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 25^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶393

4/-

¶394

-4-

¶395

WP(C).No. 14184 of 2015 (W)

¶396

EXHIBIT P35: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 26^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶397

EXHIBIT P36: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 27^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶398

EXHIBIT P37: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 28^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶399

EXHIBIT P38: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 29^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶400

EXHIBIT P39: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 30^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶401

EXHIBIT P40: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 31^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶402

EXHIBIT P41: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 32^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶403

EXHIBIT P42: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 33^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶404

EXHIBIT P43: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 34^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶405

EXHIBIT P44: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 35^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶406

EXHIBIT P45: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 36^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶407

EXHIBIT P46: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 37^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶408

5/-

¶409

-5-

¶410

WP(C).No. 14184 of 2015 (W)

¶411

EXHIBIT P47: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 38^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶412

EXHIBIT P48: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 39^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶413

EXHIBIT P49: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 40^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶414

EXHIBIT P50: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 41^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶415

EXHIBIT P51: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 42^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶416

EXHIBIT P52: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 43^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶417

EXHIBIT P53: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 44^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶418

EXHIBIT P54: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 45^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶419

EXHIBIT P55: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 46^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶420

EXHIBIT P56: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 47^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶421

EXHIBIT P57: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 48^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶422

EXHIBIT P58: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 49^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶423

EXHIBIT P59: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 50^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶424

6/-

¶425

-6-

¶426

WP(C).No. 14184 of 2015 (W)

¶427

EXHIBIT P60: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 51^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶428

EXHIBIT P61: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 52^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶429

EXHIBIT P62: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 53^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶430

EXHIBIT P63: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 54^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶431

EXHIBIT P64: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 55^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶432

EXHIBIT P65: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 56^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶433

EXHIBIT P66: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 57^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶434

EXHIBIT P67: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 58^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶435

EXHIBIT P68: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 59^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶436

EXHIBIT P69: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 60^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶437

EXHIBIT P70: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 61^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶438

EXHIBIT P71: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 62^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶439

EXHIBIT P72: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 63^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶440

7/-

¶441

-7-

¶442

WP(C).No. 14184 of 2015 (W)

¶443

EXHIBIT P73: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 64^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶444

EXHIBIT P74: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 65^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶445

EXHIBIT P75: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 66^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶446

EXHIBIT P76: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 67^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶447

EXHIBIT P77: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 68^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶448

EXHIBIT P78: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 69^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶449

EXHIBIT P79: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 70^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶450

EXHIBIT P80: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 71^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶451

EXHIBIT P81: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 72^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶452

EXHIBIT P82: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 73^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶453

EXHIBIT P83: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 74^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶454

EXHIBIT P84: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 75^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶455

EXHIBIT P85: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 76^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶456

8/-

¶457

-8-

¶458

WP(C).No. 14184 of 2015 (W)

¶459

EXHIBIT P86: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 77^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶460

EXHIBIT P87: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 78^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶461

EXHIBIT P88: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 79^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶462

EXHIBIT P89: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 80^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶463

EXHIBIT P90: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 81^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶464

EXHIBIT P91: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 82^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶465

EXHIBIT P92: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 83^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶466

EXHIBIT P93: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 84^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶467

EXHIBIT P94: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 85^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶468

EXHIBIT P95: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 86^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶469

EXHIBIT P96: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 87^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶470

EXHIBIT P97: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 88^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶471

9/-

¶472

-9-

¶473

WP(C).No. 14184 of 2015 (W)

¶474

EXHIBIT P98: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 89^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶475

EXHIBIT P99: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 90^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶476

EXHIBIT P100: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 91^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶477

EXHIBIT P101: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 92^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶478

EXHIBIT P102: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 93^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶479

EXHIBIT P103: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 94^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶480

EXHIBIT P104: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 95^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶481

EXHIBIT P105: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 96T^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶482

EXHIBIT P106: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 97^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶483

EXHIBIT P107: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 98^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶484

EXHIBIT P108: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 99^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶485

EXHIBIT P109: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 100^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶486

EXHIBIT P110: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 101^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶487

10/-

¶488

-10-

¶489

WP(C).No. 14184 of 2015 (W)

¶490

EXHIBIT P111: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 102^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶491

EXHIBIT P112: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 103TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶492

EXHIBIT P113: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 104^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶493

EXHIBIT P114: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 105^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶494

EXHIBIT P115: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 106^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶495

EXHIBIT P116: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 107^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶496

EXHIBIT P117: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 108^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶497

EXHIBIT P118: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 109^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶498

EXHIBIT P119: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 110^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶499

EXHIBIT P120: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 111^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶500

EXHIBIT P121: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 112^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶501

EXHIBIT P122: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 113^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶502

EXHIBIT P123: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 114^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶503

11/-

¶504

-11-

¶505

WP(C).No. 14184 of 2015 (W)

¶506

EXHIBIT P124: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 115^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶507

EXHIBIT P125: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 116^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶508

EXHIBIT P126: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 117^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶509

EXHIBIT P127:THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 118^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶510

EXHIBIT P128: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 119^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶511

EXHIBIT P129: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 120^TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶512

EXHIBIT P130: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 121^ST PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶513

EXHIBIT P131: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 122^ND PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶514

EXHIBIT P132: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 123^RD PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS

¶515

RESPONDENT(S)' EXHIBITS

¶516

EXHIBIT R10(A) COPY OF THE LICENCE DATED 04/11/2013 ISSUED BY THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), TRIVANDRUM TO THE 10TH RESPONDENT.

¶517

EXHIBIT R10(B) COPY OF THE RELEVANT PAGES OF MONTHLY CONTRIBUTION DETAILS OF WAGES FOR THE MONTH OF MARCH, 2015 REMITTED BY THE 10TH RESPONDENT

¶518

EXHIBIT R10(C) COPY OF THE RELEVANT PAGES OF EMPLOYEES PROVIDENT FUND CONTRIBUTION FOR THE MONTH OF APRIL, 2015 REMITTED BY THE 10TH RESPONDENT.

¶519

12/-

¶520

-12-

¶521

WP(C).No. 14184 of 2015 (W)

¶522

EXHIBIT R10(D) COPY OF THE RELEVANT PAGES OF EMPLOYEES STATE INSURANCE CONTRIBUTION FOR THE MONTH OF APRIL, 2015 REMITTED BY THE 10TH RESPONDENT.

¶523

EXHIBIT R10(E) COPY OF THE RELEVANT PAGES OF PURCHASE ORDER AMENDMENT DATED 07/04/2015 IN PURCHASE ORDER NO.7007 20140065400101 ISSUED BY THE 2ND RESPONDENT TO THE 10TH RESPONDENT.

¶524

EXHIBIT R10(F) COPY OF THE RELEVANT PAGES OF PURCHASE ORDER AMENDMENT DATED 07/04/2015 IN PURCHASE ORDER NO.7008 20140064490101 ISSUED BY THE 2ND RESPONDENT TO THE 10TH RESPONDENT

¶525

EXHIBIT R10(G) COPY OF THE RELEVANT PAGES OF PURCHASE ORDER AMENDMENT DATED 09/4/2015 IN PURCHASE ORDER NO.7065 20140064410101 ISSUED BY THE 2ND RESPONDENT TO THE 14TH RESPONDENT.

¶526

EXHIBIT R10(H) COPY OF THE LIST OF BOARD OF DIRECTORS OF THE ISRO APPRENTICESHIP HOLDERS SOCIETY

¶527

EXHIBIT R10(I) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRANING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE 10TH RESPONDENT SECRETARY OF THE SOCIETY, SRI.P.SANTHOSHKUMAR.

¶528

EXHIBIT R10(J) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO EH VICE-PRESIDENT

¶529

OF THE SOCIETY, SRI.HAREESH KUMAR.T.

¶530

EXHIBIT R10(K) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICEPRESIDENT OF THE SOCIETY, SRI.JAHFARALI.K.P.

¶531

EXHIBIT R10(L) COPY OF THE CERTIFICATE APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE

¶532

PRESIDENT OF THE SOCIETY, SRI.JINU.T.S.

¶533

EXHIBIT R10(M) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE PRESIDENT OF THE SOCIETY, KUM. KAVITHA.O.

¶534

EXHIBIT R10(N) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE PRESIDENT OF THE SOCIETY, SRI.RATHEESH.R.K.

¶535

EXHIBIT R10(O) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE PRESIDENT OF THE SOCIETY, SRI.AJIKUMAR.B.R.

¶536

13/-

¶537

-13-

¶538

WP(C).NO.14184/2015

¶539

EXHIBIT R1	COPY OF THE ORDER DATED 20/8/1999 IN OA.NO.916/1999 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT R2	COPY OF THE JUDGMENT DATED 13/2/2002 IN OP NO.22165/99 OF THIS HON'BLE COURT
EXHIBIT R3	COPY OF THE LETTER L42011(14)/80-B.II.N DATED 1/1/81 OF THE MINISTRY OF LABOUR
EXHIBIT R4	COPY OF THE OM NO.7/6(1)/79-1 DATED 17/1/81 ISSUED BY THE DEPARTMENT OF SPACE
EXHIBIT R5	COPY OF THE JUDGMENT DATED 8/4/97 IN SLP(C) NO.9846/92 OF THE SUPREME COURT, NEW DELHI
EXHIBIT R6	COPY OF THE CERTIFICATE OF REGISTRATION DATED 13/3/2012 ISSUED BY REGISTERING OFFICER AND ASSISTANT LABOUR COMMISSIONER (CENTRAL), THIRUVANANTHAPURAM.
EXHIBIT R7	COPY OF THE PRESIDENTIAL NOTIFICATION DATED 18/07/1972
EXHIBIT R8	COPY OF THE NOTIFICATION DATED 14/11/1974.
EXHIBIT R18(	A) COPY OF THE CHALAN RECEIPTS EVIDENCING PAYMENT TOWARDS ESI
EXHIBIT R18(	B) COPY OF THE CHALAN RECEIPTS EVIDENCING PAYMENT TOWARDS EPF.

/TRUE COPY/

P.A.TO JUDGE

sts

'CR'

A.MUHAMED MUSTAQUE, J.

¶545

=-=-=-=-=-=-=-==-=-=-=--=-=-=-=-=-=-=-=-=-=-=

¶546

W.P.(C)Nos.14184 of 2015, 34162 of 2016

¶547

¶548

32501 of 2016,

¶549

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 4^t h day of November, 2016

¶550

JUDGMENT

¶551

These writ petitions involve a question as to the scope of exercise of power by this court under Article 226 of the Constitution of India to issue a writ of mandamus to command the principal employer not to alter the service conditions of the contract labourers (petitioners) pending adjudication of a dispute regarding regularization before the Industrial Adjudicator.

¶552

The petitioners are the contract labourer working with different contractors engaged by the Indian Space Organisation (ISRO) and its other establishments (hereinafter referred to as principal employer') for the purpose of executing work in the units under it. The petitioners claim that they are employed in various units of the principal employer and many of them have completed more than 20 years of service. They have been engaged continuously by the contractors to execute the work on behalf of principal employer. The length of service rendered by the petitioners varies from 9 to 20 years. The petitioners also approached the Regional Labour

¶553

W.P.(C)Nos.14184 of 2015 & connected cases

¶554

-:2:-

¶555

Commissioner Central, Thiruvananthapuram raising an industrial dispute for regularization in the service of principal employer. According to the petitioners, the contract of labour work is camouflaged to avoid the compliance of various statutory provisions to deprive monetary benefits and welfare measures to them. The petitioners claim that the establishments of principal employer are covered by the provisions of Contract Labour (Regulation and Abolition) Act, 1970 (the 'CLRA Act' for short). Therefore, it is argued by the learned counsel for the petitioners that the petitioners will have to be treated as employees of principal employer and entitled for regularization in the service of the principal employer. The petitioners have approached this court seeking for a writ of mandamus directing the principal employer not to alter the service conditions of the petitioners directly or indirectly affecting the procedure for regularization of their service during the pendency of adjudication before the Industrial adjudicator.

¶556

Since the common question of law involved in these writ petitions and reliefs sought for are one and the same, these writ petitions are considered together for disposal.

¶557

The principal employer resisted this writ petition contending that they discharge the sovereign function and therefore, the establishment under them cannot be termed as an industry. It is

¶558

W.P.(C)Nos.14184 of 2015 & connected cases

¶559

-:3:-

¶560

their case that the Department of Space and its functionality ISRO/LPSC and its constituent centres discharge sovereign functions. It is contended that the primary objective of the principal employer is to promote development activities of space science and technology for all round development of the nation. It is the case that principal employer focus on core area of the work and outsource all peripheral nature of work through contract labour system. They denied having any employer-employee relationship with workers engaged by the contractors, and also stated that officials of principal employer do not exercise any supervisory function over the workers employed by the contractors for the execution of the work. It is also contended that while awarding the work, principal employer ensured compliance of provisions of CLRA Act and other labour legislations. It is further stated that the terms and conditions of the contract provide that the contractor shall obtain license under the CLRA Act. Thus, it is submitted that the contract labourers are not exploited and they are provided with all rights and benefits as provided under the CLRA Act. It is also contended by the principal employer that the grievance of the petitioners cannot be decided by this Court and the petitioners are having an alternative remedy before the Central Administrative Tribunal.

¶561

Issues in these writ petitions are arising in the context of

¶562

W.P.(C)Nos.14184 of 2015 & connected cases

¶563

-:4:-

¶564

CLRA Act, 1970. The case of the petitioners is that the contract awarded by the principal employer to various contractors are sham and camouflage, therefore, the Industrial Adjudicator has to decide the nature of the contract for the purpose of absorbing the petitioners in the service of the principal employer. It is argued, if the service conditions of the petitioners are altered and they happened to be terminated, the petitioners will be deprived of ultimate benefit based on outcome of industrial adjudication.

¶565

The CLRA Act was enacted to regulate the employment of the contract labourers in certain establishments. There is no dispute to the fact that the provisions of the CLRA Act would apply to the ISRO and its units. It is also admitted that the principal employer also have obtained registration in terms of section 7 of the CLRA Act. It is also admitted that the contractors are licensed contractors in terms of section 12 of CLRA Act. However, it is to be noted that, there is no prohibition issued for the employment of the contract labourers in terms of section 10 of the CLRA Act. Therefore, the industrial adjudicator, if he is called upon to decide, has to determine whether the contract labour agreement is sham or camouflage, when there is no prohibition under Section 10 (1) of CLRA Act. It is apposite to refer some of the judgments of the Hon’ble Supreme Court in the context of CLRA Act. In Gujarat Electricity Board, Thermal Power Station,

¶566

W.P.(C)Nos.14184 of 2015 & connected cases

¶567

-:5:-

¶568

UKAI vs. Hind Mazdoor Sabha and others [(1995) 5 SCC 27] an industrial dispute was adjudicated in a claim raised by the workmen contending that they are the employees of the principal employer and the contract was sham and camouflage. The Hon’ble Supreme court after elaborate discussion, in paragraph 53 (ii) held as follows:

¶569

“53. Our conclusions and answers to the questions raised are, therefore, as follows :

¶570

[i] In view of the the provisions of Section 10 of the Act, it is only the appropriate Government which has the authority to abolish genuine labour contract in accordance with the provisions of the said Section. No Court including the industrial adjudicator has jurisdiction to do so.

¶571

[ii] if the contract is sham or not genuine, the workmen of the so called contractor can raise an industrial dispute for declaring that they were always the employess of the principal employer and for claiming the appropriate service conditions. When such dispute is raised, it is not a dispute for abolition of the labour contract and hence the provisions of Section 10 of the Act will not bar either the raising or the adjudication of the dispute. When such dispute is raised, the industrial adjudicator has to decide whether the contract is sham or genuine. It is only if the adjudicator comes to the conclusion that the contract is sham, that he will have jurisdiction to adjudicate the dispute. If, however, he comes to the conclusion that the contract is genuine, he may refer the workmen to the appropriate Government for abolition of the contract labour under Section 10 of the Act and keep the dispute pending. However, he can do so if the dispute is espoused by the direct workmen of the principal employer. If the workmen of the principal employer have not espoused the dispute,

¶572

W.P.(C)Nos.14184 of 2015 & connected cases

¶573

-:6:-

¶574

the adjudicator, after coming to the conclusion that the contract is genuine, has to reject the reference, the dispute being not an industrial dispute within the meaning ofSection 2 (k) of the ID Act. He will not be competent to give any relief to the workmen of the erstwhile contractor even if the labour contract is abolished by the appropriate Government under Section 10 of the Act.”

¶575

It is further held, when the contract is genuine, it is open for the permanent employee under the principal employer to raise industrial dispute or also for the workmen to approach the Government for abolishment of the contract labour under section 10 of the Act.

¶576

In ' International Airport Authority of India vs. International Air Cargo Workers Union [1997 9 SCC 377], the judgment in Gujarat Electricity Board’s case (supra) was partially modified with regard to the question that on abolition of contract labour system, contract labourers have to be automatically absorbed by the principal employer. In Air India’s case (supra), the Hon’ble Supreme Court held that consequent upon abolition of the contract labour, by issuing prohibitory notification under Section 10 (1) of the CLRA Act, the principal employer directly becomes employer of the workmen.

¶577

In another judgment of the Hon’ble Supreme Court in ' Steel Authority of India Ltd. vs. National Union Waterfront workers' [2001 7 SCC 268] over ruled the Air India’s case (supra)

¶578

W.P.(C)Nos.14184 of 2015 & connected cases

¶579

-:7:-

¶580

and held that, on issuance of prohibitory notification under section 10 (1) of the CLRA Act, prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labourer in regard to conditions of service, the industrial adjudicator will have to consider the question whether the contract has been interposed either on the ground of having undertaken to produce any given result for the establishment for supply of contract labour for work of the establishment under a genuine contract or is a mere ruse/comouflage to evade compliance with various beneficial legislations so as to deprive the workers of the benefit thereunder. If the contract is found to be not genuine, the principal employer who shall be directed to regularise the services of the contract labour. Thus automatic absorption as propounded in Air India’s case has been overruled in SAIL’s case. The judgment in the SAIL’s case (supra) in fact is on the premise of prohibition notification issued under Section 10 (1) of the CLRA Act.

¶581

The Hon’ble Supreme Court also had an occasion to consider the dispute raised by the contract labour when there is no prohibition notification issued under section 10 (1) of the CLRA Act. In International AIrpor Authority of India vs. International Cargo Union and others [2009 (13) SCC 374], it is held as follows:

¶582

“If the contract is found to be sham or nominal and merely a

¶583

W.P.(C)Nos.14184 of 2015 & connected cases

¶584

-:8:-

¶585

camouflage, then the so called contract labour will have to be treated as directe employees of the princple employer and he industrial adjudicator should direct the principal employer to regularise their services in the establishment subject to such conditions as it may specify for that purpose .

¶586

20. But shere there is no abolition of contract labour under section 10 of CLRA Act, but the contract labour contend that the contract between principal employer and contractor is sham and nominal, the remedy is purely under the ID Act. The principals in Gujarat Electicity Board continue to govern the issue. The remedy of the workmen is to approach the industrial adjudicator for an adjudication of their dispute that they are the direct employees of he principal employer and the agreement is sham, nominal and merely a camouflage, even when there is no order under section 10(1) of CLRA Act.” (emphasis supplied

¶587

Thus, in the light of the judgment in International Air Port Authority India’s case it is clear, when there is no notification under prohibition of section 10 (1) of CLRA Act, the remedy of the workmen is to approach the industrial adjudicator for dispute.

¶588

In Gujarat Electricity Board (supra) in categorical terms,

¶589

it was held by the Hon'ble Supreme court in aforenoted paragraph 53 (2) as follows:

¶590

“ When such dispute is raised, the industrial adjudicator has to decide whether the contract is sham or genuine. It is only if the adjudicator comes to the conclusion that the contract is sham, that he will have jurisdiction to adjudicate the dispute.” (emphasis supplied)

¶591

W.P.(C)Nos.14184 of 2015 & connected cases

¶592

-:9:-

¶593

In the light of the above, I am of the view, the industrial adjudicator has to decide first, whether the contract is sham or genuine, and it is only then the industrial adjudicator will have jurisdiction to decide the dispute. Therefore, it is clear in the light of the proposition laid down in the Gujarat Electricity Board ’s case (supra), the dispute raised by the workmen will have the character of industrial dispute only on a finding by the industrial adjudicator that the contract is sham or camouflage. Merely because a dispute has been raised by a workmen itself, will not result it as an industrial dispute as characterised in the Industrial Disputes Act, 1947, unless it is found that contract is sham or camouflage. I have stated so, for the reasons that the learned counsel for the petitioner Sri.Thomas Abraham strenuously contended that in terms of section 33 (b) Industrial Disputes Act,1947 conditions of service shall remain unchanged during the proceedings before the conciliation and Industrial Adjudicator. It is also appropriate to refer Schdule V under the Industrial Dispute Act, 1947. Schedule V defines unfair labour practices; Clause 10 of Schedule V refers about the workmen employed as a “badlis”, casuals or temporaries, and their continuation with the employer to deprive them the status and privileges of permanent worker. It does not take in a workman who raised a dispute

¶594

W.P.(C)Nos.14184 of 2015 & connected cases

¶595

-:10:-

¶596

under the contract labour. Therefore, scheme and provisions of the Industrial Dispute Act do not cover any such dispute being espoused as an industrial dispute within the meaning of Industrial Dispute Act in respect of contract labour, unless the industrial adjudicator enters into a finding that the contract is sham or camouflage. No doubt, the industrial adjudicator when declares the contract as sham, the dispute attains the status of industrial dispute as contemplated in the Industrial Disputes Act and workmen will be entitled for all protection as envisaged under section 33 of the Industrial Dispute Act.

¶597

Learned Assistant Solicitor General resisted the writ petition on the ground that ISRO and other units are discharging sovereign function and activity is being discharged by them do not come within the ambit of an industry. I am of the view that this court cannot decide this issue without reference to the factual situation. Therefore, this issue is left open.

¶598

Learned Assisant Solicitor General also contended that the remedy of the petitioner is to approach the Central Administrative Tribunal and not this court or Industrial Adjudictor.

¶599

Learned counsel Sri.Thomas Abraham, relying on a Full Bench decision of the Hon’ble Calcutta High Court in W.P. 21119 of 2011 and connected matters, argued that both courts and

¶600

W.P.(C)Nos.14184 of 2015 & connected cases

¶601

-:11:-

¶602

Administrative Tribunal and the Industrial Adjudicator have jurisdiction to decide a question related to regularisation of contract labour. He also referred to a judgment of Karnataka High Court in W.P.9974 of 2006.

¶603

A Full Bench of Calcutta High Court decided the matter, on a reference on account of the conflicting views of two Division Benches. One of the Division Bench held that now the Central Administrative Tribunal alone has jurisdiction in the matter of regularization of contract labourers in the Railway Service. However, another Division Bench took the view that the Central Administrative Tribunal has no jurisdiction to entertain application filed on behalf of Railway contract labours, since the contract labourers cannot be considered as the employees of Railway.

¶604

The Full Bench after referring to some of the Hon’ble Supreme Court judgments answered the reference as follows:

¶605

“We are of the opinion that when regularization /absorption and /or reinstatement /continuance I sought in the service of the Eastern Railway, the Central Administrative Tribunal will have the jurisdiction and as per provisions of section 28 of the Act of 1985, the matter can also be filed before the Industrial Tribunal or the Labour Court, as the case may be. Section 28 does not oust such jurisdiction of the Central Administrative Tribunal, it gives option to the workman to choose the forum. Thus, High Court will have no jurisdiction to adjudicate upon the merits of the case directing absorption/regularization or reinstatement/continuance in service of

¶606

W.P.(C)Nos.14184 of 2015 & connected cases

¶607

-:12:-

¶608

such employees with respect to the affairs of the controversies as contemplated within the purview of the Act of 1985/ The cases have to be filed afresh before the Central Administrative Tribunal or Industrial Tribunal or Labour Court, at the option of the employees. The reference is accordingly answered.”

¶609

The Full Bench decision as above, is premised on Section 28 of the Administrative Tribunal Act (Act 1985), I am also of the view that in the light of the Section 28 of the Act of 1985, the contract labourer is free to agitate the claim either before Central Administrative Tribunal or before the Industrial Adjudicator. In fact Section 28 of the Central Administrative Tribunal Act saves the jurisdiction of the Industrial Tribunal and does not oust the jurisdiction of the Industrial Tribunal. It is appropriate to quote Sec. 28 of the Act 1985:.

¶610

Exclusion of jurisdiction of Courts except the Supreme Court - On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any Service or persons appointed to any service or post, [no Court except].

¶611

(a) the Supreme Court; or

¶612

(b) any industrial Tribunal, Labour Court or other authority constituted under the industrial Disputes Act, 1947 (14 of 1947) or any other corresponding law for the time being in force,

¶613

shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning

¶614

W.P.(C)Nos.14184 of 2015 & connected cases

¶615

such recruitment or such service matters.”

¶616

Therefore, the matters covered under Section 28, the Industrial Tribunal will have the jurisdiction.

¶617

The petitioner’s right therefore, for any relief during the pendency of the adjudication before the industrial Adjudicator would depend upon the decision by the Adjudicator as to the genuineness of the contract. If ultimately it is found that the contract is sham, certainly, the petitioner would be entitled for consideration for regularization in the employment of principal employer. The right of workmen is protected only when such exercise is completed by the Industrial Adjudicator or Central Administrative Tribunal as to the nature of contract.

¶618

A question incidentally also therefore, in the above background arises, whether a writ of mandamus can be issued on equitable consideration when there is no specific provision exists to protect the interest of workmen. The writ of mandamus is an extraordinary remedy to be exercised by this Court when the petitioners have right to relief, the respondents have duty to act and there are no other adequate remedy available to the petitioners. The Court cannot compel the respondents not to alter the service conditions, when they have no statutory obligations, even on sympathetical or equitable grounds. It is to be noted that the

¶619

W.P.(C)Nos.14184 of 2015 & connected cases

¶620

petitioners' rights are incohate and yet to be crystalised. Therefore, this court cannot issue a writ of mandamus when there are no established rights.

¶621

In the light of the above discussion, the petitioners are not entitled for any relief as prayed at the moment. Accordingly, the writ petitions are dismissed. No costs.

¶622

A.MUHAMED MUSTAQUE JUDGE

¶623

jm/

Balachandran Nair S.S v. Indian Space Research Organisation

Case brief

What is this about?

What the court decided

Balachandran Nair S.S v. Indian Space Research Organisation

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Alwaye Ksheera Vyvasaya Co-Operative Society Vs B.T. Babu

Jerson Joseph Vs the Sub Regional Transport Officer(Taxation Officer)

Chorode Service Co-Operative Bank Ltd. Vs the Authority Under the Kerala Payment

Chandragiri Construction Company Vs T.K. Jose

Sheriff Vs the District Collector

Shylaja S. Vs the K.P.S.C. Rep. by the Secretary