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CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH …

ORIGINAL APPLICATION N0.060/00467/2018 & MA No.060/00604/2018

Reserved on 15.05.2018 Decided on 30.05.2018 … CORAM: HON’BLE MR. SANJEEV KAUSHIK, MEMBER (J) HON’BLE MRS. P. GOPINATH, MEMBER (A) … 1. Surinder Singh, age 42 years, bearing pass No.9W/P/783 as Diesel Set Operator, S/o Pyara Singh, R/o New Abadi Akalgarh Tehsil District Punjab. 2. Bhagwan Singh, age 29 years, bearing pass No.9W/P/847 as Diesel Set Operator, S/o Dalwara Singh, R/o Village Akalgarh Tehsil Raikot District Ludhiana Punjab. 3. Mithun Kumar, age 29 years, bearing pass No.9W/P/1199 as Diesel Set Operator, S/o Mohinder Singh, R/o New Abadi Akalgarh Tehsil Raikot District Ludhiana Punjab. 4. Amandeep Singh, age 34 years, bearing pass no.9W/P/5698 as Diesel Set Operator, S/o Piara Singh, R/o VPO Littar Tehsil Raikot, District Ludhiana Punjab. 5. Mewa Singh, age 38 years, bearing pass no.9W/P/778 as Diesel Set Operator, S/o Major Singh, R/o UPO Rattowal, Tehsil Raikot, District Ludhiana Punjab. 6. Avtar Singh, age 38 years, bearing pass no.9W/P/791 as Diesel Set Operator, S/o Bhajan Singh, R/o VPO Sujapur, Tehsil , District Ludhiana Punjab. 7. Gurpreet Singh, age 29 years, bearing pass no.9W/P/706 as Diesel Set Operator and Elect. S/o VPO , Tehsil Raikot, District Ludhiana Punjab. 8. Rajvir Singh, age 30 years, bearing pass no.9W/P/1236 as Diesel Set Operator, S/o Kirpal Singh, R/o Village , Tehsil Raikot, District Ludhiana Punjab.

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9. Lakhvir Singh, age 30 years, bearing pass no.9W/P-750 as Diesel Set Operator, S/o Harbans Singh, R/o VPO Rattowal, Tehsil Raikot, District Ludhiana Punjab. 10. Ranjit Singh, age 38 years, bearing pass no.9W/P/648 as Diesel Set Operator, S/o Bant Singh, R/o VPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 11. Anish Kumar, age 25 years, bearing pass no.9W/P/5928 as Diesel Set Operator, S/o Soba Ram, R/o MES Colony Halwara, Tehsil Raikot, District Ludhiana Punjab. 12. Kamaljit Singh, age 30 years, bearing pass no.9W/P/1222 as Diesel Set Operator, S/o Joginder Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab. 13. Palwinder Singh, age 49 years, bearing pass no.9W/P/5700 as Diesel Set Operator, S/o Pritam Singh, R/o Village Bhamal PO Sidwan Bet, Tehsil Jagraon, District Ludhiana. 14. Kuldeep Singh, age 34 years, bearing pass no.9W/P/704 as Diesel Set Operator, S/o Darshan Singh, R/o Village Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 15. Bhagwan Singh, age 36 years, bearing pass no.9W/P/835 as Diesel Set Operator, S/o Sohan Singh, R/o VPO Binjal, Tehsil Raikot, District Ludhiana Punjab. 16. Vishal Kumar, age 33 years, bearing pass no.9W/P/944 as Diesel Set Operator, S/o Jagdish Kumar, R/o New Badi Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 17. Jot Saroop Singh, age 25 years, bearing pass no.9W/P/5419 as Diesel Set Operator, S/o Sukhdev Singh, R/o VPO Toosa, Tehsil Raikot, District Ludhiana Punjab. 18. Harpreet Singh, age 25 years, bearing pass no.9W/P/5634 as Diesel Set Operator son of Kewal Singh, R/o VPO Burj Hari Singh, Tehsil Raikot, District Ludhiana Punjab. 19. Harmandeep Singh, age 23 years, bearing pass no.9W/P/1226 as Diesel Set Operator son of Avtar Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab.

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20. Rajwant Singh, age 49 years, bearing pass no.9W/P/980 as Diesel Set Operator son of Manmohan Singh, R/o BNWE Abadi Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 21. Jabarjang Singh, age 30 years, bearing pass no.9W/P/5635 as Diesel Set Operator son of Lakhvir Singh, R/o VPO , Tehsil Raikot, District Ludhiana Punjab. 22. Satnam Singh, age 26 years, bearing pass no.9W/P/5951 as Diesel Set Operator son of Sewa Singh, R/o VPO Sodhiwal, Tehsil Jagraon, District Ludhiana Punjab. 23. Gurpreet Singh, age 30 years, bearing pass no.9W/P/945 as Diesel Set Operator son of Ajmer Singh, R/o VPO Chaukuman, Tehsil Jagraon, District Ludhiana Punjab. 24. Gurdeep Singh, age 26 years, bearing pass no.9W/P/5945 as Diesel Set Operator and Electrician son of Ranjit Singh, R/o VPO Tehsil Jagraon, District Ludhiana Punjab. 25. Pardeep Singh, age 28 years, bearing pass no.9W/P/5944 as Diesel Set Operator son of Ranjit Singh, R/o VPO Manuke, Tehsil Jagraon, District Ludhiana Punjab. 26. Ajmer Singh, age 37 years, bearing pass no.9W/P/921 as Diesel Set Operator son of Gurcharan Singh, R/o VPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 27. Pardeep Singh, age 23 years, bearing pass no.9W/P/987 as Diesel Set Operator son of Jasvir Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab. 28. Jarnail Singh, age 26 years, bearing pass no.9W/P/1243 as Diesel Set Operator son of Jagga Singh, r/o VPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 29. Amit Kumar, age 34 years, bearing pass no.9W/P/714 as Diesel Set Operator son of Ashok Kumar, R/o VPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 30. Gagandeep Singh, age 23 years, bearing pass no.9W/P/5823 as Diesel Set Operator son of Roop Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab.

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31. Ashok Kumar, age 38 years, bearing pass no.9W/P/5671 as Diesel Set Operator son of Madan Lal, R/o VPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 32. Boota Singh, age 32 years, bearing pass no.9W/P/1234 as Diesel Set Operator son of Kirpal Singh, R/o VPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 33. Jogesh Lal, age 25 years, bearing pass no.9W/P/6501 as Plump Operator son of Babul Lal, R/o New Abadi Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 34. Sanjeev Kumar, age 29 years, bearing pass no.9W/P/5663 as Pump Operator son of Ram Bahadur, R/o MES Colony Halwara, Tehsil Raikot, District Ludhiana Punjab. 35. Sukhwinder Singh, age 31 years, bearing pass no.9W/P/629 as Pump Operator son of Shingara Singh, R/o VPO Rattowal, Tehsil Raikot, District Ludhiana Punjab. 36. Suraj Parkash, age 28 years, bearing pass no.9W/P/751 as Pump Operator son of Ram Avtar, R/o MES Colony Halwara, Tehsil Raikot, District Ludhiana Punjab. 37. Charanjit Singh, age 31 years, bearing pass no.9W/P/813 as Pump Operator son of Brijpal, R/o Village Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 38. Hari Parkash, age 49 years, bearing pass no.9W/P/871 as Pump Operator son of Ram Baksh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab. 39. Balwant Singh, age 21 years, bearing pass no.9W/T/5661 as Pump Operator son of Darshan Singh, R/o VPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 40. Chamkaur Singh, age 43 years, bearing pass no.9W/T/5901 as Pump Operator son of Manmohan Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab. 41. Gurjit Singh, age 25 years, bearing pass no.9W/P/1204 as Pump Operator son of Hari Singh, R/oVPO Akalgarh, Tehsil Raikot, District Ludhiana Punjab.

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42. Inderjit Singh, age 27 years, bearing pass no.9W/P/867 as Pump Operator son of Nachhattar Singh, R/o VPO Leel, Tehsil Raikot, District Ludhiana Punjab. 43. Beant Singh, age 33 years, bearing pass no.9W/P/643 as Pump Operator son of Darshan Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab. 44. Balvir Singh, age 47 years, bearing pass no.9W/P/1197 as Diesel Set Operator son of Ajit Singh, R/o VPO Rattowal, Tehsil Raikot, District Ludhiana Punjab. 45. Kulwinder Singh, age 24 years, bearing pass no.9W/P/1237 as Sewage Pump Operator son of Bahadur Singh, R/o VPO Heran, Tehsil Raikot, District Ludhiana Punjab. 46. Baljit Singh, age 40 years, bearing pass no.9W/P/793 as Sewage Pump Operator son of Santokh Singh, R/o Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 47. Prabhjot Singh, age 28 years, bearing pass no.9W/P/6503 as Diesel Set Operator son of Lakhvir Singh, R/o VPO Sudhar, Tehsil Raikot, District Ludhiana Punjab. 48. Shinderpal Singh, age 39 years, bearing pass no.9W/T/5873 as AC Plant Operator son of Manmohan Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab. 49. Gagan, age 20 years, bearing pass no.9W/P/1205 as Pump Operator son of Kanojia, R/o New Abadi Akalgarh, Tehsil Raikot, District Ludhiana Punjab. 50. Balwinder Singh, age 54 years, bearing pass no.9W/P/980 as Diesel Set Operator son of Pritam Singh, R/o VPO Halwara, Tehsil Raikot, District Ludhiana Punjab. (Group-D employees). .…APPLICANTS

(Present: Mr. Amit Sharma, Advocate)

VERSUS

1. Union of through its Secretary, Ministry of Labour, South Block, Central Secretariat, Rajpath Marg E-Block, New Delhi 110011.

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2. Union of India through Secretary, Ministry of Defence, South Block, Central Secretariat, Rajpath Marg E-Block, New Delhi 110011. 3. Military Engineer Service, Engineer-in-Chief Branch, Army Head Quarter, Kashmir House, DHQ, PO, New Delhi-110011. 4. Garrison Engineer, Halwara District Ludhiana. .…RESPONDENTS ORDER

HON’BLE MRS. P. GOPINATH, MEMBER (A):-

M.A./60/604/2018 Heard.

Taking into consideration, the common cause of action, similar nature of relief claimed, common interest in the matter, and for the reasons mentioned therein, the Miscellaneous Application

(MA) is allowed. The applicants are permitted to join together to file the instant single application, as prayed for, particularly when there is no opposition of the same.

O.A./60/467/2018

Applicants are employees M/s Sanga Singh and Co., M/s

Indoguard Security Systems, M/s Jassi Traders etc. and are engaged in manning and operating Diesel Generator set of Water

Supply Installations and Air Conditioner Plant in the Navy and Air

Force. On a specific query made by the Bench, it was clarified that the applicants are engaged by the above contractor and not by the respondent department. Applicants are aggrieved by their illegal termination, on account of change of contractor as the job that they were performing still continues. On a specific query raised by the

Bench as to whether the applicants are engaged on contract basis by the respondents or are engaged by the contractor to whom the

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respondents have awarded the work of maintenance, the counsel for the applicants submitted in favour of the latter. During the course of arguments, counsel for the applicants confirms that applicants were not being paid by the respondents, but were paid by the contractor, who was engaging them to do the work for the respondents. Applicants argue that they have been working for the last ten years, but this would not change their status as employee of the contractor and hence outside the jurisdiction of the Tribunal.

Applicants being employees of contractor do not come with the purview of Section 14 of the Administrative Tribunals Act,

1985. In view of the above, the instant Original Application is hereby dismissed.

(SANJEEV KAUSHIK) (P. GOPINATH) MEMBER (J) MEMBER (A)

Dated: 30.05.2018 `rishi’