Chattisgarh High Court
Dhannu Prasad & Ors vs Union Of India & Ors on 27 July, 2015
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 2410 of 2014
1. Dhannu Prasad S/o Lt Shri Bhagwat Prasad Aged About 45 years
Working As Security Guard, Bhilai Steel Plant, R/o 196/a, Rishali
Sector Bhilai, Ps Bhiali, Dist Durg, Cg
2. Amarjeet S/o Lt Shyam Aged About 47 Years Working As Security
Guard, Bhilai Steel Plant, R/o Om 2/d, Street 22/a, Sector-7, Bhilai
Nagar, Ps Bhilai, Dist Durg, Cg
3. Rajesh Thakur S/o Lt Shri M.Z.Thakur Aged About 42 Years
Working As Security Guard, Bhilai Steel Plant, R/o A/11, Karmchari
Nagar, Durg, Ps & Distt Durg, Cg
4. Yugal Kishore S/o C.D.Yadav Aged About 47 Years Working As
Security Guard, Bhilai Steel Plant, R/o Ramnagar, Supela, Ps
Supela, Distt Durg, Cg
5. Ghanshyam Singh S/o Lt Shri J.R.Taram Aged About 48 Years
Working As Security Guard, Bhilai Steel Plant, R/o Bajrang Para
Kohka, Bhilai, Ps Bhilai, Distt Durg, Cg
6. Santosh Prasad S/o Lt Shri Surendra Nath Singh Aged About 38
Years Working As Security Guard, Bhilai Steel Plant, R/o E.W.S.
1677, Housing Board Bhilai, Ps Bhilai, Dist Durg, Cg
7. Sardha Prasad S/o Lt Shri Jageshwar Prasad, Aged About 55 Years
Working As Security Guard, Bhilai Steel Plant, R/o Village Navai
Bhata, Post Purai, Ps Nevai, Distt Durg, Cg
8. Shailendra Kumar S/o Lt Shri Sharad Kumar Rayzada, Aged About
44 Years Working As Security Guard, Bhilai Steel Plant, R/o Village
Kadambari Nagar, Ward No. 7, Ps Mohan Nagar, Distt Durg, Cg
9. Ashwani Kumar S/o Lt Shri Nain Singh Aged About 47 Years R/o
Tawar Bhawan Road, Subhash Nagar, Durg, Ps & Distt Durg, Cg
10. Krishna Mudliyar S/o Lt Shri Shanmugam Mudliyar Aged About 40
Years Working As Security Guard, Bhilai Steel Plant, R/o 114/a,
H.S.C.L. Colony, Ruabanda, Risali, Durg, Ps & Distt Durg, Cg
11. Parbin Kumar Pradhan S/o Lt Mahadeva Pradhan Aged About 46
Years Working As Security Guard, Bhilai Steel Plant, R/o Mother
Teresa Nagar, Camp-2, Qt No. 46/15, Bhilai, Ps Bhilai, Distt Durg,
Cg
12. M.K.Rayzada S/o Lt Shri S.K.Rayzada, Aged About 54 Years
Working As Security Guard, Bhilai Steel Plant, R/o Gandhi Chowk,
Titurdih, Ward no. 223, Stationpara, Ps & Dist Durg, Cg
---- Petitioner
Versus
1. Union Of India Through The Secretary, Ministry Of Defence, Govt.
Of India, New Delhi 110066
2. The Director General Of Resettlement, Govt. Of India, West Block
Iv, R.K. Puram, New Delhi 110066
3. M/s Saurya Fire & Security Services, Represented By Captain
(Retd) Santosh Kumar Sandeep, Shop No. 3, Behind Mahamaya
India Gas Agency Verma Complex, Jagmal Chowk, Bilaspur, Distt
Bilaspur, Cg
4. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant,
Bhilai, Dist Durg, Cg
---- Respondent
For Petitioner Shri Yogendra Chaturvedi, Advocate For Respondent No.4 Dr. Saurabh Pandey, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/07/2015 Heard learned counsel for the parties.
1. Petitioners are working as Security Guards in the establishment of BSP/SAIL. They have prayed for payment of proper salary to them. It appears, the petitioners are claiming that payment should be made by BSP/SAIL, however, their immediate employer is the security contractor, the respondent No.3. A writ cannot be issued to the respondent No.3, who is a private company. Likewise, even if the petitioners succeed in establishing master-servant/employer- employee relationship between them and the BSP/SAIL, the jurisdiction to issue direction to the BSP/SAIL would be of that the jurisdictional Central Administrative Tribunal.
2. Thus, in any event, this Court has no jurisdiction to entertain the writ petition. Accordingly the writ petition is dismissed as not maintainable. However, liberty is reserved tin favour of the petitioners to seek remedy before the appropriate forum having jurisdiction over the matter.
3. No order as to costs.
Sd/-
Judge Prashant Kumar Mishra Gowri