Jharkhand High Court
4) Heard The Counsel For The Petitioners vs Union Of India on 21 January, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 511 of 2024
1. Rajesh Tiwary, aged about 39 years, son of Sahdeo Tiwary,
resident of New Murli Nagar BCCL Town Ship, Koylanagar, P.O.:-
Dhanbad, P.S.:- Steel Gate, Dist:- Dhanbad, Jharkhand.
2. Goutam Kr. Beed, aged about 46 years, son of Late Gurupada
Beed, resident of Krishna Nagar, Near CMRI Gate No. 2, P.O:
CMRI, Barwa Road, P.S +Dist: Dhanbad - 826001, Jharkhand.
3. Shant Mandal, aged about 47 years, son of Lt. Moti Mondal,
resident of Dhaiya (Dumdum Basti), P.O: ISM, P.S+ Dist: Dhanbad
826004,.
4. Mukul Choudhary, aged about 52 years, son of Hiralal Choudhury,
resident of Krishna Nagar, New Bishunpur, Near CIMFR Gate No.
2, Barwa Road, P.O: CMRI, Barwa Road, P.S +Dist: Dhanbad
826001, Jharkhand.
5. Ritesh Kr. Das, aged about 43 years, son of Shri Surendra Nath
Das, resident of C/O: Surendra Nath Das, Police Line, Maira Para,
PO: CMRI, Barwa Road, P.S +Dist: Dhanbad-826001
6. Jain Kumar Rajak, aged about 45 years, son of Mishri Rajak,
resident of C/o: Shri Mishri Rajak, Housing Colony, LIG Plot No.
355, Bartand, PO: CMRI, Barwa Road, P.S +Dist: Dhanbad
826001, Jharkhand.
7. Ram Dayal Ojha, aged about 40 years, son of Sudama Ojha,
resident of CIMFR Colony, Barwa Road, P.O: CMRI, Barwa Road,
P.S +Dist: Dhanbad 826015, Jharkhand.
8. Manish Kumar, aged about 43 years, son of Lt. Baban Sharma,
resident of Vill: Mallick Basti, Ranibandh (Near Rani Bandh More),
PO: ISM826004, P.S +Dist: Dhanbad, Jharkhand.
9. Basudeb Mukherjee, aged about 43 years, son of Lt. Subhash
Mukherjee, resident of Near CMRI Gate No. 2, P.O: CMRI, P.S +
Dist: Dhanbad - 826015, Jharkhand.
10. Bhikhu Mandal, aged about 40 years, son of Shakti Pado
Mandal, resident of Vill: Dhaiya (Dumduma Basti), PO: ISM, P.S +
Dist: Dhanbad 826004, Jharkhand.
11. Md. Shahjahan, aged about 43 years, son of Md. Yusuf,
resident of Vill: Kudar, P.O: Dhargulli, P.S: Bagodar, Dist: Giridih,
Jharkhand-825322.
12. Bharat Kumar, aged about 47 years, son of Lt. Sri Pati Jha,
resident of S/o: Lt. Shripati Jha, Vigyan Vihar Colony, P.O:
Nagnagar, P.S: Barwadda, Dist: Dhanbad - 826004
Page 1 of 5
W.P.(C) No. 511 of 2024
13. Sanjay Mandal, aged about 41 years, son of Lt. Moti Mondal,
resident of Dhaiya (Dumdum Basti), P.O: ISM, P.S+ Dist: Dhanbad
- 826004,.
14. Tapan Kumar Beed, aged about 41 years, son of Late
Gurupada Beed, resident of Krishna Nagar, Near CMRI Gate No.
2, P.O: CMRI, P.S +Dist: Dhanbad - 826015, Jharkhand.
... ... ... ... Petitioners
Versus
1. Union Of India
2. The Secretary, Ministry of Labour and Employment, Government of
Jharkhand, office at Shram Shakti Bhawan, Rafi Marg, P.O.+ P.S.-
New Delhi, New Delhi-110001
3. The Secretary, Department of Scientific and Industrial Research
(DSIR), Room No. 14-B, Technology Bhawan, S&T Block I, New
Mehrauli Road, Block C, Qutab Institutional Area, P.S. Kishan
Garh, P.O. Hauz Khass, Dist- New Delhi, Delhi 110016
4. The Director, (CSIR) Central Institute of Mining & Fuel Research
(CIMFR), Government of India, undertaking having its Head
Quarter at: Barwa Road, P.O.- CMRI, P.S:- Dhanbad, District-
Dhanbad, Jharkhand.
5. Controller of Administration, Director, (CSIR) Central Institute of
Mining & Fuel Research (CIMFR), Government of India,
undertaking having its Head Quarter at: Barwa Road, P.O.- CMRI,
P.S:- Dhanbad, District- Dhanbad, Jharkhand.
6. M/s Shiva Protection Force Private Ltd, 3rd floor R.C Sahu
Complex, Main Road Hinoo, P.O.:- Doranda, P.S:- Doranda,
Ranchi, Jharkhand, 834002. ... ... ... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
---------
For the Petitioners: Ms. Khalida Haya Rashmi, Advocate
For the Res- UOI: Mr. Abhijeet Kr. Singh, CGC
For the Res- 3 to 5: Mr. Abhay Prakash, Advocate
---------
04/Dated: 21.01.2025
1) Notice to respondents.
2) Mr. Abhijeet Kr. Singh, learned CGC accepts notice for the
respondents 1 and 2.
3) Mr. Abhay Prakash, learned counsel accepts notice for the
respondents 3 to 5.
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W.P.(C) No. 511 of 2024
4) Heard the counsel for the petitioners, counsel for Union of India- respondents 1 and 2 and counsel for respondents 3 to 5.
5) This writ petition has been filed bringing out certain very disturbing facts about the manner of employing manpower in the Central Institute of Mining and Fuel Research, Dhanbad, said to be functioning under the Department of Scientific and Industrial Research (3rd respondent).
6) The writ petition highlights the facts that though the said Institute is said to be a pioneer Research and Development Institute in the field of Mining and Fuel Technology, and a constituent laboratory of the CSIR, Government of India, New Delhi, it is employing manpower through a process of tendering, periodically for about an year, causing disengagement of the services of the persons employed at the end of the tenure of the contract, oblivious of the Constitutional mandate to create permanent positions for the persons necessary to be employed therein, such as the petitioners.
7) The Supreme Court of India in The Secretary, State of Karnataka and others. V. Umadevi (3) and others 2006 (4) SCC 1, has highlighted the necessity of State as well as the instrumentalities of State resorting to the regular processes of recruitment or appointment so that the principles enshrined in the Constitution under Articles 14 and 16 are applied and followed scrupulously. In Paragraph 26 of the said judgment the Court has held that it is the duty of the Courts to insist on the State making regular and proper recruitments and that the Courts are bound not to encourage or shut its eyes to the persistent transgression of the rules of regular recruitment. Page 3 of 5 W.P.(C) No. 511 of 2024
8) The engagement of the petitioners through contractors, in the instant case, as can be seen from paragraph 9, seems to go back to 1995. The CIMFR is persisting in such replacement of contract employees with others periodically since then which is impermissible.
9) It is also not in dispute that a Reference was made to the Central Government Industrial Tribunal No. 1, Dhanbad to decide as to whether the demand of certain employees for regularization in the establishment of the said Institute is legal and justified and if so, to what relief they are entitled to, which Reference was numbered as Reference Case No. 89 of 2006 but it is stated that the said dispute still pending adjudication before the said Tribunal because of lack of Presiding Officer.
10) In the meantime, the respondents are merrily resorting to issuance of tenders and appointing people through the Contractors like the 6th respondent, every year in blatant violation of the principles enshrined in the Constitution and also the judgment in Umadevi, referred to (supra).
11) Curiously, the stand of the 1st respondent is that because there is no directive from the said Industrial Tribunal not to float a fresh tender for hiring of outsource manpower through Contractors, they are justified in continuing with this process. Such a stand cannot be countenanced.
12) It is also sought to be defended by the respondents stating that the petitioners are outsource workers and there is no employer and employee relationship between the Institute and them.
13) Prima-facie, this sort of action on the part of the respondents is in the nature of "unfair labour practice" amounting to exploiting Page 4 of 5 W.P.(C) No. 511 of 2024 the persons engaged through Contractors by denying them the benefit of the rule of reservation, medical benefits, regular pay scales, leave, pension and other benefits.
14) This Court cannot be blind to such a gross infraction of the Constitution by the respondents and permit the respondents to continue to indulge in this sort of deviant behaviour.
15) Therefore, pending further orders, no fresh tender for engaging workers on outsourcing basis shall be issued by respondents 3 to 5 and the services of the petitioners shall not be disengaged by them, until further orders.
16) List on 15.04.2025.
(M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Sharda/MM/ Cp.02 Page 5 of 5 W.P.(C) No. 511 of 2024