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2022 Supreme(Gau) 644

NELSON SAILO
Arabinda Boro S/o Late Deben Boro – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: H. Baruah.
For the Respondent: S.P. Choudhury.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. P.J. Phukan, learned counsel for the petitioner and Mr. S P Choudhury, learned CGC appearing for all the respondents.

2. The case of the petitioner briefly is that he was engaged as a driver under the National Power Training Institute (NPTI), North Eastern Region, Guwahati, Assam which is under the Ministry of Power, Govt. of India through an outsourced agency i.e. M/s Mahesh Travels, Guwahati. Thereafter, from 01.05.2009, he was working directly as driver under the NPTI without break. According to the petitioner, the NPTI also bought a Travera vehicle, sometime in the year 2008 to 2009 for the petitioner to drive.

3. While the petitioner was serving under the NPTI, an advertisement was floated in the Assam Tribune dated 22.09.2013 by the NPTI, inviting tender for providing man-power services on contract basis. Following the advertisement, a Memorandum dated 31.12.2013 was issued by the Assistant Director of NPTI wherein, it was indicated that the period of contract services of the petitioner as driver ended on 31.12.2013. It was further shown that the NPTI has awarded contract for supply of man-power including drivers to M/s Brahmaputra Enterpr

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