Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1545 OF 2016
(Arising out of SLP ( C) NO. 35512 of 2011)
| RESP | |
| VERSUS<br>GURU TEG BAHADUR HOSPITAL<br>GOVT.OF NCT DELHI & ORS.<br>WITH<br>CIVIL APPEAL NO.1546 OF 2016<br>(Arising out of SLP ( C) NO. 830<br>J U D G M E N T<br>KURIAN, J.<br>. Leave granted.<br>. The appellants had been, according<br>lass-IV employees under the respondent-H |
spells. However, there is no record to show that they have
been employed by the Hospital and have been paid directly by
JUDGMENT
the Hospital.
3. Learned counsel for the appellants submits that though it
was a direct employment by the Hospital, in order to deny
regularization, their wages were being paid through the
Contractor. However, the learned counsel for the respondents
submits that the appellants have never been employed by the
Hospital and being the employees of a Contractor, they were
paid by the Contractor.
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4. Having heard the learned counsel for both sides for some
time, we do not think that this Court should address various
contentious advanced before this Court.
5. In our view, the interest of the appellants can be
protected and the cause of justice be also advanced in case a
direction is issued to the respondent-Hospital that in future
if any Class-IV vacancy under the respondent-Hospital is filled
up, preference shall be given to the appellants according to
their inter-se seniority. Needless to say that the objection
on age bar shall be ignored.
6. The appeals are disposed of with no order as to costs.
.................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
FEBRUARY 19, 2016
JUDGMENT
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