INDIAN OIL CORPORATION LIMITED Vs. PRESIDENT RAJASTHAN INDIAN OIL CORPORATION

JUDGEMENT

(1.) Appellants have filed this appeal challenging the order dated 21. 2. 2007 passed by the learned Single Judge, whereby the writ petition filed by the appellants was dismissed.

(2.) Learned counsel for the appellants has submitted that the learned Single Judge has erred in dismissing the writ petition filed by the appellants. In-fact, from a perusal of the reference order (Annexure-1 of the writ petition), it is evident that it was issued on 16. 4. 2001. As per the statement of claim submitted by the respondents, it was evident that the services of the respondents had been discontinued w. e. f. 1. 9. 1995. Hence, on the day the reference was made to the effect that the workman who had completed ten years or more services be regularized in service, was infructuous. Moreover, as per the case of Secretary, State of Karnataka & Ors. vs. Umadevi & Ors, JT 2006 (4) SC 420, rendered by the Hon'ble Supreme Court, it was clarified that those decisions which run counter to the principles settled in the said decision, or in which directions running counter to what had been held therein, would stand denuded of their status as precedents.

(3.) Since, the workmen were working as contract labourers, they could not be defined to have been employed by the appellants as per law and were not entitled for regularization of their services. Learned counsel in support of his arguments, has placed reliance upon Oshiar Prasad & Ors vs. The Employers in relation to Management of Sudamdih Coal Washery of BCCL, (2015) 4 SCC 71, wherein it was held as under:-