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2019 Supreme(Del) 521

S.MURALIDHAR, I.S.MEHTA
Sumit Kumar Sharma – Appellant
Versus
Cyfuture India Pvt. Ltd. – Respondent


Advocates Appeared:
Manish K. Bishnoi, Aditya K. Choudhary, Gurmehar Vaan Singh, Amit Pratap, Saket Sikri, Ajay Pal Singh, Ritu Parna, Ritu Pama.

JUDGMENT :

S. MURALIDHAR, J.

1. These 34 appeals are directed against the same impugned judgment dated 20th November, 2018 passed by the learned Single Judge in WP (C) No. 5685/2018 and are accordingly being disposed of by this common judgment.

2. Ten of the appeals are by the employees and the remaining 23 by the management, viz. M/s Cyfuture India Private Limited (hereafter "CIPL").

Background facts

3. The employees were all working as Technical Support Executive (TSE) in the Internet Helpline Department of the Mahanagar Telephone Nigam Limited (MTNL) (Respondent No. 2 in the employees' appeals) for broad band services having helpline No. 1504. This was akin to call centre work. Their main work was to attend to complaints incidental to the telecommunication operations of MTNL. While the employees worked under the direct employment of CIPL, the arrangement was that MTNL would enter into fresh contracts with private parties for supply of workmen while the employees like the ten Appellants before this Court continued working for MTNL. CIPL is one such private company primarily engaged in the business of providing workmen.

4. It is not in dispute that 57% of the shares of MTNL are held by









































































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