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4.Initially, an interim order was granted and in order to vacate the same, the NHAI has filed a vacate stay petition in WMP No.6610/2018.

5.It is the case of the NHAI that the petitioner had never been engaged by the NHAI, as he was not appointed by the NHAI nor has been engaged directly. It is the case of the NHAI that only the fourth respondent had nominated the petitioner for project on behalf of the 4th respondent Additional Project Contractor. Therefore, there is no relationship of employer and employee between NHAI and the petitioner. Only at that juncture, this Court, at their request, had impleaded the fourth respondent one Theme Engineering Service Pvt Ltd., Jaipur, Rajasthan.