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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Kanailal Sardar – Appellant
Versus
Indian Oil Corporation – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellants have assailed the judgement and order dated August 18, 2023 passed in WPA 23964 of 2014. By the impugned judgement and order, the learned Single Judge has dismissed the writ petition of the appellants seeking regularisation of their services.
2. Learned senior advocate appearing for the appellants has contended that, the appellants were engaged by a contractor for the purpose of discharging duties of the respondent. He has pointed out that, both salary as well as bonuses were paid to the appellants by the respondent. He has referred to documents to show that the list of employees engaged by the respondent had been acknowledged by the respondent.
3. Learned senior advocate appearing for the appellants has contended that, the so-called contractor engaged by the respondent and under whom, the employment of the appellants were shown, has been acknowledged by the respondent itself to be non-existent. In this regard, he has referred to inter office memo of the respondent dated June 21, 2017, where, the respondent acknowledged that the contractor was a nonentity. He has also referred to documents to show that, salary as well as bonuses had been paid
The court established that the mere payment of wages or bonuses does not create an employer-employee relationship if a valid contractor exists.
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
it is difficult to extend minimum time scale to the petitioners as they were not engaged by respondent Nos. 4 to 11 either on contract basis or outsourcing basis.
The court established that without clear evidence of direct employment, claims of an employer-employee relationship under contract labour provisions cannot succeed.
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