In a recent legal case, the High Court’s thorough analysis of an interim order regarding the appointment of contractual employees by a corporation sheds light on the complexities of employer-employee relationships in such situations. The court’s decision to quash the interim order and allow the corporation to proceed with appointing new contractual employees highlights the importance of clarity and reasoning in legal judgments. Let’s delve deeper into the legal intricacies of the case.
Facts
- The High Court restrained the appellant Corporation from appointing new contractual employees in place of the original writ petitioner.
- The original respondent, Rajasthan State Road Development and Construction Corporation Ltd., has appealed against the interim order.
- The appeal relates to the provision of Computer Operators and other posts for a 12-month period.
- Appellant Corporation stated there was no regular sanctioned post of Computer Operator
- Respondent No 1 was appointed on a contractual basis
- Another e-tender was issued by the Corporation during the writ petition
- Appellant Corporation claimed respondent No 1 was never appointed by them
- Original writ petitioner was hired through M/s Sahara Supreme Security Service, Jaipur
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Arguments
- Petitioner argues that other Computer Operators in similar situation were retained which justifies the interim order.
- Appellant Corporation’s counsel contends that High Court did not provide reasons for the interim order.
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Analysis
- The appellant Corporation did not have a regular sanctioned post of Computer Operator.
- The original writ petitioner was a contractor’s employee and not directly employed by the appellant Corporation.
- The High Court mistakenly issued an interim order preventing the Corporation from hiring new contractual employees to replace the original writ petitioners without providing any reasons for the decision.
- The High Court failed to consider the lack of employer-employee relationship between the original writ petitioner and the Corporation.
- As the writ petition is still pending, no further observations on the merits of the case were made.
- In the given circumstances, the High Court’s interim order was deemed inappropriate.
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Decision
- The impugned interim order passed by the High Court in S.B. Civil Writ Petition No 1924 of 2019 is to be quashed and set aside.
- The appellant Corporation is now allowed to appoint a new set of contractual employees.
- The restriction imposed on the appellant Corporation by the High Court is lifted.
- No costs are to be incurred in this judgement.
Case Title: RAJASTHAN STATE ROAD DEVELOPMENT AND CONSTRUCTION CORPORATION LTD. Vs. PIYUSH KANT SHARMA (2020 INSC 598)
Case Number: C.A. No.-003489-003489 / 2020
