SAMARJIT SINHA Vs. OIL AND NATURAL GAS CORPORATION LTD.

JUDGEMENT

(1.) Heard Mr. R. Datta, learned counsel appearing for the petitioners as well as Mr. A. Nandi, learned counsel appearing for the respondents No.1, 2 & 3 (Oil & Natural Gas Corporation Limited and its two Officers) and Mr. A. Bhat & Mr. P. Datta, learned counsel appearing for the respondent No.4 (Maruti Suzuki India Limited). But none appears for the respondent No.5, though Mr. H. Debbarma, learned counsel has entered in the appearance. From the records, it appears that the respondent No.5 has filed an exhaustive affidavit through Mr. Debbarma, learned counsel which is in tune with the reply filed by the respondents No.1-4. The said reply will be considered for decision.

(2.) The petitioners by means of this writ petition urged this court for issuing a direction on the respondents to release fair wages amounting to Rs.4,24,364/- with statutory interest for the period from September, 2016 to September, 2019. Admittedly, the petitioners were deployed 'as supervisors by the respondent No.5 under the respondent No.1-3 on contractual basis with effect from 17.09.2015'.

(3.) The petitioners have themselves asserted that their duties and responsibilities were to supervise the works and functioning of the 56 drivers deployed by the respondent No.5 under the respondents No.1-3. The petitioners were thus engaged to supervise the works of the drivers who were deployed by the respondent No.5. That apart, and the petitioners were also discharging various other works for the respondent No.5 unrelated to the said contract. In this regard, the respondents No.1, 2, 3 or 4, even the respondent No.5, does not raised any dispute or objection. It has not been disputed by the respondents that on 20.08.2015, one agreement was entered into by the respondents No.1 & 4 and ALD Automotive Pvt. Ltd. for a period of 48 months. In the said agreement, the respondent No.4 was the third party and the respondent No.1 was the first party whereas ALD Automotive Pvt. Ltd. was made the second party. It was agreed upon that the respondent No.4 would provide/supply to the respondent No.1 to 3 different types of vehicles as would be classified and required by the respondent No.1.