Delhi High Court
Smt Raj Kumari & Ors. vs Prasar Bharti on 12 May, 2022
Author: Najmi Waziri
Bench: Najmi Waziri, Swarana Kanta Sharma
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 12.05.2022
+ W.P.(C) 7450/2022, CM APPL. 22708/2022 & CM APPL.
22709/2022
SMT RAJ KUMARI & ORS. ..... Petitioners
Through: Mr. Pramod Kumar Sharma and
Mr.Manish Sharma, Advocates.
versus
PRASAR BHARTI ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
NAJMI WAZRI, J. (ORAL)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioners impugn the judgment dated 01.07.2021 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 819/2021. On the basis of a temporary entry pass and a skill test for Data Entry Operators held by Prasar Bharati for discharging the services as Data Entry Operator, the petitioners claim to have been employed by the Prasar Bharati. The said contention found no favour with the learned Tribunal; it opined that mere issuance of temporary passes and holding of a skill test would not result in conclusion of employment in favour of the petitioners, who were engaged through an independent agency i.e. M/s Scotland Services & Contract, New Signature Not Verified W.P.(C) 7450/2022 Page 1 of 2 Digitally Signed By:KAMLESH KUMAR Signing Date:18.05.2022 18:14:20 Delhi for rendering services to Prasar Bharati through the said agency. The impugned order has reasoned inter alia as under:-
"4. The applicants no doubt claim that they are working in PB as DEO for the past 14 years on contract basis. A serious objection is raised stating that the applicants were never engaged by the PB. The applicants filed an order dated 10.07.2013 as Annexure A-3. A perusal thereof discloses that the DEOs engaged through M/s Scotland Services & Contract, New Delhi were directed to report to skill test on 19.07.2013. It only shows that the work of Data Entry Operations was entrusted to an outsourcing agency and that, in turn, engaged persons like the applicants. We repeatedly asked the learned counsel for the applicants to show some proof or the other to indicate that the applicants were engaged by the PB. Nothing is forthcoming.
5. Reliance is placed upon the orders of assessment of work said to have been made by the officials of the PB. That may, at the most reflect the method of functioning of the applicants during their work. It is far from saying that the applicants were employed by the PB."
2. Prasar Bharati never encadred or employed the petitioners, who remained employees/contractual employees of the agency. This court finds no reason to interfere with the impugned order.
3. The petition is without merit and is accordingly dismissed along with the pending applications.
NAJMI WAZIRI, J SWARANA KANTA SHARMA, J MAY 12, 2022/RW Signature Not Verified W.P.(C) 7450/2022 Page 2 of 2 Digitally Signed By:KAMLESH KUMAR Signing Date:18.05.2022 18:14:20