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2023 Supreme(Del) 6062

CHANDRA DHARI SINGH
Dg Delhi Doordarshan Kendra – Appellant
Versus
Mohd. Shahbaz Khan – Respondent


Advocates appeared:
Ms. Shruti Sharma and Mr. Pranav Giri, Advocates, for the Petitioner.
Mr. Sanjoy Ghose, Sr. Advocate with Mr. Prakhar Bhatnagar, Mr. Rohan Mandal and Ms. Sweekriti Yadav, Advocates, for the Respondent.

JUDGMENT

Chandra Dhari Singh, J.

FACTUAL MATRIX

1. The petitioner is a Government entity governed by statutory rules & regulations for the appointment of its employees. The respondents are casual laborers who earlier worked with the petitioner.

2. In the year 1998, the petitioner had entered into a contract with an agency named M/s Navnidh Carriers for Transport, loading & Unloading Contraction service on Commission basis for the petitioner as and when required.

3. In the year 1999, the respondents filed an Original Application bearing no. 2637/1999 under Section 19 of the Administrative Tribunal Act, 1985 before the Central Administrative Tribunal (`CAT' hereinafter) seeking directions to the petitioner for pay parity and grant of temporary status from the date on which they completed the requisite number of days at work as per the scheme notified by the petitioner on 17th March, 1994, however, the said application was dismissed ex parte on the grounds that there exists no employee employer relationship between the petitioner and the respondents and therefore, the Tribunal does not have jurisdiction to adjudicate the case.

4. Thereafter, the respondents filed for conciliation, however,

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