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% 21.09.2021

1. This hearing has been done through hybrid mode. CM APPL. 26049/2018 (for directions)

2. This is an application where regular pay scale is being sought by Workmen with all allowances of the security department from the date of award i.e. 31st August, 2017 till the date of the final decision in this writ petition. In this regard, this Court has already granted limited interim relief vide order dated 30th July, 2020, that the Respondent-employees would not be terminated even if a new contractor is engaged. The direction for regular pay scale cannot be issued at this stage in view of order dated 8th April 2013, made absolute by order dated 5th February, 2018, in LPA No. 199/2013 titled Management of Ashok Hotel (ITDC) v. Their Workmen & Anr., Vide the said order, the ld. Division Bench has stayed the order for regularisation, Digitally Signed By:DEVANSHU JOSHI Signing Date:22.09.2021 16:21:42 that had been passed by a ld. Single Judge of this Court, under similar circumstances. In view of the same, the relief sought in this application, cannot be granted at this stage.

5. The application is disposed of in these terms. CM APPLs.17090/2020 & 21944/2020 (for directions)

6. These are two applications seeking maintenance of status quo and seeking directions that the Management ought not to interfere with the discharge of duty of the Workmen. Vide the order of this Court dated 30th July, 2020 it is already directed as under:

"7. A perusal of the notice dated 13th July, 2020 and award dated 31st August, 2017 shows that there is a complete mismatch between the two. The contractor is continuing to proceed on the basis that the employees are employees of the contractor and not of ITDC, however, the award had clearly declared that the employees are the employees of Digitally Signed By:DEVANSHU JOSHI Signing Date:22.09.2021 16:21:42 ITDC. Owing to the submission that there is an LPA pending and the regularisation policy of ITDC has been stayed, at this stage, this Court is of the opinion that the employees are entitled to limited interim relief to the extent that if any new contractor is engaged by ITDC the services of the Respondent-employees shall not be terminated. The Respondent-employees would be allowed to perform the same duties as they are currently performing. Ordered accordingly. The new contractor shall be notified by ITDC of today's order in order to ensure compliance."

7. In view of the above order, it is directed that the employees, who are working through contractor, shall not be terminated, even if a new contractor is engaged by Petitioner/ITDC (hereinafter "ITDC"). They shall be allowed to render the services that they are currently rendering. However, this protection would extend only to those employees, who have not attained the superannuation age of 58 years.

8. These applications are disposed of in these terms. CM APPL.571/2021 & 21126/2021 (for directions)

9. In these applications, the grievance of the Workmen is that the full salary is not being paid to them and they are being paid only for the days when their services are engaged. Vide order dated 8th January, 2021, the predecessor Bench of this Court had expressed a prima facie view in this regard. Ld. Senior Counsel for ITDC, submits that he has received instructions that on this issue, the Workmen have approached the Assistant Labour Commissioner ("ALC"). This fact to be confirmed by both the counsels for ITDC and the Workmen.