IMPORTANT POINT
The court established that long-term employees cannot be arbitrarily terminated under the guise of outsourcing, and that such actions must be justified to avoid discrimination and ensure fair labor practices.

JUDGMENT :

J.J. Munir, J.

1. This writ petition is directed against an order dated 30.01.2023 passed by the Special Executive Officer (Personnel), Greater NOIDA, District Gautam Budh Nagar, directing the petitioners to be sent back to the Service Provider with immediate effect.

2. According to the petitioners, they are holders of Diploma in Civil Engineering and engaged on different dates on posts of Technical Supervisors by the Greater New Okhla Industrial Development Authority (for short, 'the Greater NOIDA'). The details of the petitioners' engagement with the Greater NOIDA as Technical Supervisors, now called Assistant Managers, are detailed by the petitioners in the following terms:

3. The aforesaid tabular depiction of facts relating to the five petitioners is pleaded in paragraph No.11 of the writ petition. A Government Order, bearing No. 717/36-5-2020-8(26)/2020 dated 18.08.2020 has been issued saying that in accordance with another Government Order dated 18.12.2019 issued by the Department of Personnel in various Departments of the Government of Uttar Pradesh and its subordinate Establishments, there would be hiring of manpower through outsourcing, and for the purpose, a website developed by the Government of India, called Government e-Marketplace or GeM Portal would have to be utilized. The Greater NOIDA adopted the Government Order dated 18.08.2020 in their 120th Board Meeting held on 09.09.2020. In a subsequent meeting of the Greater NOIDA Board, that is to say, 122nd Meeting held on 22.06.2021, it was resolved that manpower would be procured through the GeM Portal against vacant posts, regarding which requisition had already been sent to the Subordinate Service Public Services Commission and the Public Service Commission. The procurement would, thus, be done by means of outsourcing through Placement Agencies.

4. It was also resolved that Assistant Managers, whose services had been hired through Placement Agencies or Service Providers, would be given the right to write measurement books only, if the concerned Assistant Manager holds necessary qualifications in engineering, as prescribed by the State Government and have further rendered satisfactory service for a period of five years with the Greater NOIDA regularly. In order to implement the resolution of the Greater NOIDA Board dated 22.06.2021 for engagement of Assistant Managers through outsourcing from the GeM Portal, an administrative decision was taken to fill up these posts through Service Providers. A detailed proposal was drawn up, for which the necessary administrative and financial approval was given by the Chief Executive Officer, Greater NOIDA on 18.07.2021. Before that was done, on 14.07.2021, the Greater NOIDA sent a report to the State Government, carrying details of vacancy in different Departments and permission was sought to fill up these vacancies through Manpower Supply Agencies or Service Providers.

5. Once all these decisions were taken by the Greater NOIDA, a tender notice dated 31.07.2021 was published inviting bids from Manpower Supply Agencies/Service Providers. Different Agencies submitted their tenders and it is the petitioners' case that the tender of one M/s. Madhav Associates