TMI Blog2003 (11) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... tration be directed to regularise their services in the Administration. By its detailed judgment passed on 13.8.1988 the Tribunal rejected the petitions filed by the employees on merits as also on the ground that the employees engaged through contractor cannot be held to be holders of civil post as defined under Section 3(q) of the Administrative Tribunals Act hence the Tribunal has no jurisdiction to grant any relief. The employees then filed separate Writ Petitions under Article 227 of the Constitution in the High Court of Punjab and Haryana which have been dismissed by the impugned common judgment passed on 3.8.2000. The contention advanced by the contract employees before the High Court was that although they were employed on various jobs by the Contractor for maintaining supply of electricity to the College and Hospital the Engineering Department of the Chandigarh Administration exercises complete control over their work. According to them the real employer is the Engineering Department of the Chandigarh Administration and the Contractor has been introduced only to pay them salary or wages. It was argued that in order to deny the employees benefits of regular employmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y for the purpose of ensuring efficiency and quality of work. Similarly, it is explained that the contract labour has been employed for technical work. Insistence has been made in the condition of contract for engaging qualified electricians and helpers to avoid any danger and hazard in the maintenance of electricity. The condition that the staff provided by the contractor would not be changed without approval of the Department is for the sake of convenience since the staff already engaged by the Contractor would become familiar with the electrical system of the Hospital and frequent change in the staff might impair normal work. Thus explaining the various conditions of the contract it is submitted that the employees have been engaged through the Contractor for maintenance of electricity from the sub-station. This, it is said, is a temporary arrangement till the Administration creates requisite number of posts and decides to recruit employees under the Department on deputation or by direct recruitment. We have examined the contentions advanced by the employees before the Tribunal and in the High Court. Before the Tribunal and the High Court, the appellants did not dispute the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Corporation of Greater Mumbai vs. KV Shramik Sangh [2002 (4) SCC 609] in which the Constitution Bench decision in Steel Authority of India (supra) has been relied to direct the employees to seek remedy by availing forum of industrial adjudication under the Industrial Disputes Act. It is held that it is only in industrial adjudication that facts and circumstances can be investigated to ascertain the nature of employment. On behalf of the Delhi Administration, it is stated that its Engineering Department is registered under Section 7 of the CLRA Act. It is not disputed by the parties that no notification under section 10(1) of the CLRA Act has been issued prohibiting employment of contract labour in the Engineering Department of Chandigarh Administration. We have considered the arguments advanced on behalf of the employees based on the terms of the contract. In determining the relationship of employer and employee, no doubt control is one of the important tests but is not to be taken as the sole test. In determining the relationship of employer and employee all other relevant facts and circumstances are required to be considered including the terms and conditions of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the question whether the contractor has been interposed either on the ground of having undertaken to produce any given result for the establishment or for supply of contract labour for work of the establishment under a genuine contract or is a mere ruse/camouflage to evade compliance with various beneficial legislations so as to deprive the workers of the benefit thereunder. If the contract is found to be not genuine but a mere camouflage, the so-called contract labour will have to be treated as employees of the principal employer who shall be directed to regularise the services of the contract labour in the establishment concerned subject to the conditions as may be specified by it for that purpose in the light of para hereunder. (6) If the contract is found to be genuine and prohibition notification under Section 10(1) of the CLRA Act in respect of the establishment concerned has been issued by the appropriate Government, prohibiting employment of contract labour in any process, operation or other work of any establishment and wherein such process, operation or other work of the establishment the principal employer intends to employ regular workmen, he shall give preference to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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