Anil Kumarpanchal v. GNCT of Delhi & Ors.

1. In the impugned order dated September 10, 2014 the learned Single Judge has noted that the DESU Majdoor Sangh (Regd.)had espoused the cause of many person which included the writ petitioners in \V.P.(C) No.7769/2012 by pleading that employees of private contractors/agencies LPA 03/2015 Page[1] of[2] 2015:DHC:11583-DB doing work for DESU should be directed to be treated as employees of DESU. The learned Single Judge has also noted that one Balbir Singh was also espousing the cause of 35000 workers engaged through contractors praying that a scheme for regularizing their services in DESU should be framed. The learned Single Judge has further noted that DESU Majdoor Sangh (Regd.) was in parallel proceedings espousing the cause of contractual employees before the Fora under the Industrial Disputes Act, 1947 invoking Section 10 ofthe ID Act, 1947. The learned Single Judge has thereupon opined that the appellants cannot plead that they were working as daily wage employees directly under DESU. Thus, relief claimed againstthe respondents has been declined.

2. We agree with the reasoning of the learned Trial Judge. The appellants cannot plead that they were daily rated employees under DESU because the Union ofwhich they are members,while espousing the cause of the appellants and other persons,took the stand thatDESU was outsourcing work illegally through contractors whoin turn had engaged the petitionersto execute the works.

3. The learned Single Judge has rightly opined that by filing the writ petition the petitioners were indulging in forum shopping.

4. The appeal is dismissed in limine but withoutany orders asto costs.

PRADEEP NANmJUOG, PRATIBHARANl,J. JANUARY 06,2015 mamta