that the said
companies were engaged in the business of Knowledge Process Outsourcing
(hereafter 'KPO') and, thus, could not be included as comparables ... evidenced that Vishal's business model was
different and Vishal had outsourced significant part of its operations.
9. The Tribunal rejected the Assessee
extent it provides management of vacancies of Class IV employees through 'Outsourcing' only, is under challenge.
2. We are not going into individual ... Class-IV vacancies, arrangements shall be made by way of outsourcing only; but the relevant rules, 1981, as amended from time to time, for recruitment
Abhinav Outsourcing Pvt. Ltd. vs Sunita Seth on 2 December, 2011
Author: Valmiki J. Mehta
Bench: Valmiki J.Mehta
* IN THE HIGH COURT OF DELHI ... DELHI
+ RFA No.557/2011
% 2nd December, 2011
ABHINAV OUTSOURCING PVT. LTD. ...... Appellant
Through: Mr. Siddharth Yadav with
Ms. Wasim Ashraf, Advs.
VERSUS
SUNITA SETH
which were then engaged by the
respondents to provide services on an outsourced basis, the petitioners
filed their respective OAs before the Central Administrative Tribunal ... Departments should hire the personnel
on direct contract basis instead of through outsourcing
agencies to ensure payment of full minimum wages, PF
etc. and compliance
wherever it may be necessary,
the work may be carried out through “Outsourcing”. Thereafter, the
recommendation was made by the Sixth Central Pay Commission ... effect that it would only be appropriate to have
“Outsourcing” of Class ‘IV’ employees instead of seeking any new
recruitment.
10.Regulation 101 once again
Government
Departments in the Government Departments shall be progressively outsourced
and shall be entrusted on contract basis.
9.3. Later, the Government lifted ... specifically states that those posts shall
be outsourced and the expenditure to meet the outsourcing method shall be met
by the aided schools. Thus
lost their jobs, despite the assurance being given
by the Ministry that outsourcing policy would never get implemented and
that petitioners would be exempted from ... that decision. However, a decision
for outsourcing was taken resulting in discontinuance of the petitioners'
contracts, as on 31.03.2013. The petitioners alleged that this
undertaken by the personnel
dedicated for the said purpose. Though there are outsourced personnel
engaged by various airlines for the same purpose, yet the choice ... whether
to outsource and to whom had been left to the option of the concerned
airlines.
4. The airlines, like the petitioners, are involved
action of the Greater Hyderabad Municipal Corporation (GHMC)
adopting "outsourcing of employees" as a method of engaging services
of the petitioners as Sanitary ... while utilizing the services of the petitioners
in the said capacities through outsourcing Agencies.
2. There is no dispute that all the petitioners are engaged
vacancies of Class-IV posts shall be managed by the system of outsourcing.
3. The relevant para 2 of G.O. dated 06.01.2011 reads ... Class IV posts falling vacant shall be managed only by outsourcing.
But the said provision shall not apply to the appointments to be made
