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2021 Supreme(Raj) 776

MAHENDAR KUMAR GOYAL, SANGEET LODHA
GCKC Projects & Works Private Limited – Appellant
Versus
Khemraj Mali – Respondent


Advocates appeared:
Mr. Sanjay Rahar, Advocate, for the Appellant; Mr. Laxmikant Malpura. Through VC (For respondents No.1 to 130) Mr. Yashodhar Pandey on behalf of Mr. Anil Mehta, AAG, Mr. Ashwinee Kumar Jaiman, Advocates, for the Respondent

JUDGMENT

1. This intra court appeal is directed against the interim order dated 22.04.2021 passed by the learned Single judge of this Court in SBCWP No.4999/2021. The order reads as infra:

    "Issue notice of the writ petition as well as stay application, returnable within six weeks.

In the meanwhile, the petitioners who are working on contract basis shall not be replaced by another set of contractual employees on account of change of placement agency or otherwise. The petitioners shall be allowed to draw salary."

2. Learned counsel appearing for the appellant submits that pursuant to NIT No.1/2020-21 the contract for operation, maintenance and repair for a period of five years of Bisalpur- Jaipur Water Supply Project (Transmission System) was awarded in favour of appellant herein and therefore, the employees who were working under the earlier contractor, could not have been continued by the learned Single Judge.

3. It is submitted that the respondents have obtained the interim order without impleading the appellant as party- respondent, however, now vide order dated 06.07.2021 passed by the learned Single Judge the appellant has already been impleaded as party-respondent in the writ petit

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