High Court of KeralaSingle JudgeWrit petitions dismissed; no costs.

W.P.(C) Nos. 14184 of 2015 (W) & connected cases

Case / Petition Number:WP(C).No. 14184 of 2015 (W)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque J.
Judgment Date
2016-11-04
Court Decision / Holding
The writ petitions are dismissed. No costs.
Final Disposition
Writ petitions dismissed; no costs.

Parties to the Case

Appellants / Petitioners

  • BALACHANDRAN Nair S.S.
  • AJITHA K.R.
  • INDU G.NAIR
  • ASOKAN S.
  • RAJANEESH K.
  • SHAMNAD J.
  • EDWIN JACOB M.
  • SUNIL B.
  • MARTIN K.
  • KUMARI SHEELA K.B.
  • BEENA L.
  • SUBHASH KUMAR P.K.
  • CHANDRA KUMAR V.
  • A.ABDUL LATHEEF
  • SURESH V.
  • NASEER H.
  • SIJU P.S.
  • BAIJU B.
  • SREERAJ V.S.
  • KARTHIKA S.
  • SARATH KUMAR S.S.
  • GOPAKUMAR K.
  • SANTHOSH KUMAR K.
  • AISWARYA V.M.
  • RASHMI M.CHETTIYAR
  • LAVANYA J.P.
  • SUKUMARI K.
  • BIJU K.R.
  • SURESH KUMAR A.
  • SARATH RAJ.
  • BAIJU S.
  • ABRAHAM M.A.
  • AKHIL S. RAVEENDRAN
  • REETTU P.R.
  • THANZEER A.K.
  • HARIKUMAR N.
  • BIJU G.
  • ANEESH K.R.
  • NAVEEN R.
  • SAJEEVAN C.S.
  • ARUN T. NAIR
  • JAYAKUMAR K.
  • SAIFUDEEN M.
  • RAJEEV M.
  • JAYAKUMAR.S.
  • BINDUMOL L.S.
  • RAJALEKSHMI
  • LIJI T.
  • SARITHA S.
  • NANDU C.P.
  • RAJESH R.
  • HENSIN C.
  • PRAEEN B.
  • ASWATHY C.
  • PRADEEP K.K.
  • SREELATHA S.
  • PRIJU KUMAR S.P.
  • ASWATHY A.
  • ASWATHY A. (Contract Office Assistant II)
  • THARA V.
  • ANJU S.P.
  • ANJU S.P. (additional)
  • ARUN P.R.
  • SABARI S.S.
  • SIVAPRSAD K.P.
  • SELVARAJ L.R.
  • SUMITH M.S.
  • Sandeep V.S.
  • VINEETH S.S.
  • MANOJ G.
  • RAJASEKHARAN R.
  • KANNAN G.
  • RAJESH T.K.
  • VIMAL RAJ V.O.
  • SREEJITH C.V.
  • SHINU ALEX A.U.
  • BALACHANDRAN P.
  • MURALEEDHARAN K.
  • GOPAKUMAR M.V.
  • ANIL KUMAR K.
  • GAGARIN A.M.
  • MANU R.
  • SURESH S.
  • GIREESH KUMAR C.S.
  • KRISHNAKUMAR M.P.
  • SHINOD C.B.
  • SHIBU KUMAR V.
  • ARUNESH S.V.
  • SYAMRAJ T.S.
  • SUJITH S.
  • MOHAMMED RAZI.
  • VINOD B.S.
  • G.SATHEESH KUMAR
  • BIJU B.
  • RENJITH C.
  • HIMESH S.B.
  • ANIL KUMAR S.
  • SIVAPRASAD U.
  • JEFIN PAUL
  • RENJITH RAJ T.O.
  • MANULAL M.S.
  • VIGNESH RAJ S.
  • JOSEPH A.
  • AJITH KUMAR J.K.
  • STALIN JOSE J.
  • JOYKUTTY J.
  • RENJU R.
  • RETHEESH KUMAR J.L.
  • JYOTHISH KUMAR G.S.
  • PRAMOD S.SYLUS.
  • RAJAN C.
  • MANJESH KUMAR R.
  • REEDA SEBASTIAN R.
  • RAKHESH N.K.
  • ANOSH KUMAR M.S.
  • SYAM A.
  • SURAJ S.
  • JINU J.L.
  • SHIBU K.
  • AJEESH A.M.
  • VIJIKUMAR S.
  • VINEESH V.U.
  • ABHILASH C.S.

Respondents

  • Indian Space Research Organisation, Antariksh Bhavan, Bengaluru (Chairman)
  • Director Vikram Sarabhai Space Centre, Thiruvananthapuram
  • Director, Liquid Propulsion Systems Centre, Valiyamala, Trivandrum
  • Director, ISRO, Intertial System Unit, Vattiyoorkavu, Thiruvananthapuram
  • Deputy Director, Composite Material System Entity, Thiruvananthapuram
  • Controller, LPSC, Valiyamala
  • Controller, VSSC, Thiruvananthapuram
  • Regional Labour Commissioner (Central), Thiruvananthapuram
  • Manager, Sivavasu Electronics, Neyyattinkara
  • Secretary, ISRO Apprentice Holders Society
  • Secretary, Central Electronics Society, Ayiroor
  • Secretary, Raj Engineers Charitable Society, Kodangavila
  • Manager, Mini Electrical Engineering Works, TC 8/1120
  • Manager, BS Engineering Works, Venpakal
  • Secretary, Aerospace Tech Society, Plammoodu
  • Manager, Leela Auto and General Agencies
  • Manager, IYDA Mechanical Engineering Works
  • Manager, Millennium Space Electronics
  • Secretary, Sarabhai Memorial Society for Physically Handicapped
  • Manager, Rajkumar Drafting Works
  • Secretary, Sevanam Charitable Society
  • Union of India, represented by Secretary, Ministry of Labour (Addl R22)
  • Secretary, Department of Space, Government of India (Addl R23)

Legal Representation & Advocates

Counsels for Petitioners

  • • Thomas Abraham
  • • Merciamma Mathew
  • • Aswin P. John

Counsels for Respondents

  • • N. Nagareesh
  • • K. Shri Hari Rao
  • • Smt. Sreekala K.L.
  • • Sri. K. Ramakumar
  • • Sri. Ram Mohan G.
  • • Smt. Thushara Ravi
  • • Smt. K.R. Krishnakumari
  • • Smt. P.V. Radhamani
  • • Smt. S.Narayanan Nair
  • • Smt. V.R. Prasobh
  • • Smt. A.V. Liyah
  • • Sri. Asha Babu

Case Synopsis & Summary

These writ petitions challenge the scope of this court's power under Article 226 to issue mandamus commanding the principal employer not to alter the service conditions of contract labourers pending the adjudication of regularization disputes before an Industrial Adjudicator. The petitioners are ISRO contract labourers engaged through various contractors across ISRO units, many with long service. They contend the contract labour arrangement is a camouflage to deprive them of statutory protections under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRA Act) and other welfare benefits. The principal employer contends that ISRO units discharge sovereign functions and outsourcing through contract labour is legitimate; there is no direct employer–employee relationship with the workers, and the remedy lies under CLRA Act or before the Central Administrative Tribunal, not this Court. The court surveys the CLRA Act framework, noting that Section 10 contemplates abolition by the appropriate Government and that absent a prohibitory notification, the industrial adjudicator adjudicates disputes rather than automatically absorbing contract labour. Relying on Gujarat Electricity Board, the court holds that the industrial adjudicator must first decide whether the contract is sham or genuine before exercising jurisdiction over the dispute. Ultimately, the court declines mandamus and dismisses the petitions, leaving relief to be pursued after a finding of genuineness or sham by the adjudicator or tribunal.

Provisions of Law Cited

Contract Labour (Regulation and Abolition) Act, 1970 (CLRA Act)Section 7 of CLRA ActSection 10(1) of CLRA ActSection 12 of CLRA ActIndustrial Disputes Act, 1947Section 2(k) of ID ActSection 33(b) of ID ActAdministrative Tribunals Act, 1985 (Section 28)Schedule V (ID Act)

Legal Doctrines & Maxims

  • Sham or camouflage contract doctrine
  • Absorption/regularization upon abolition by appropriate Government under Section 10 CLRA Act
  • Gujarat Electricity Board principle: adjudicator must determine whether contract is sham or genuine
  • Remedies under ID Act/CA T when no prohibition under CLRA Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the ISRO contract labourers, though working through various contractors, are in effect employees of the principal employer due to long service (some over 20 years) and continuous engagement. They argue that the contract labour arrangement is a camouflage to evade statutory protections under the Contract Labour (Regulation and Abolition) Act, 1970, and related welfare measures. They seek a writ of mandamus restraining any alteration of their service conditions pending adjudication before the Industrial Adjudicator and/or regularization in the principal employer's service if conditions are found to be genuine. They rely on CLRA Act provisions and on judgments that stress the need to treat sham contracts as a basis for regularization unless a genuine contract exists. They urge this Court to exercise extraordinary jurisdiction to preserve their rights during pendency of disputes.

Contentions of Respondents

The ISRO units claim they discharge sovereign functions and are not industries; they argue the contract labour arrangement is legitimate, regulated by CLRA Act, and there is no direct employer-employee relationship with contract workers. Since the principal employer outsources peripheral work, the petitioners fall within the ambit of labour contractors, regulated by CLRA Act, with licensing and registration requirements. In absence of a prohibitory notification under Section 10(1) of CLRA, the industrial adjudicator has jurisdiction only after establishing that the contract is sham. They contend the remedy for a contract labour dispute is under ID Act or before the appropriate tribunal/CA T, not through mandamus. They argue the petitioners' rights are not crystalized and that mandamus could not be issued where there is no statutory obligation to maintain unchanged service conditions pending adjudication. They rely on the above precedents to limit the writ's scope and to defer to statutory mechanisms for regularization, if any, after establishing the nature of the contract.

Cited Precedents (6)

Case NameCitationTreatmentExplanation
Gujarat Electricity Board, Thermal Power Station1995 (5) SCC 27PositiveThe court cites the principle that only the appropriate Government may abolish a genuine labour contract; courts do not have jurisdiction to abolish it, and only a genuine contract found by the adjudicator allows subsequent actions.
UKAI v Hind Mazdoor Sabha and others1995 (5) SCC 27PositiveSame proposition as above; used to support the requirement that the contract be examined for genuineness before adjudicator jurisdiction kicks in.
International Airport Authority of India v International Air Cargo Workers Union1997 (9) SCC 377Partly Overruled / LimitedPartially modified the Gujarat Board approach, limiting automatic absorption upon abolition of contract labour; still allowed adjudication where contract is found sham or genuine.
Air India Ltd. case—OverruledAir India’s case on automatic absorption upon abolition was overruled by later decisions (SAIL) in the text.
Steel Authority of India Ltd. v. National Union Waterfront Workers2001 (7) SCC 268OverruledOverruled Air India’s case; held that after prohibition under section 10(1) of CLRA Act, the adjudicator must examine whether the contract is a camouflage.
International Air Port Authority of India v International Cargo Union2009 (13) SCC 374PositiveAffirms remedy for contract labour disputes under ID Act when there is no CLRA prohibition; supports pursuing adjudication to determine substance of contract.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938** ## **WP(C).No. 14184 of 2015 (W)** **----------------------------** **PETITIONER(S): ------------------------** **1. BALACHANDRAN NAIR S.S., CONTRACT TECHNICIAN III, MVITA/VSSC,** **RESIDING AT SOUBHAGYA, ARASUPARAMBU, NEDUMANGAD P.O, TRIVANDRUM.** ## **2. AJITHA K.R.,** - **CONTRACT TECHNICIAN III, MVIIT/VSSC,** - **RESIDING AT SOUBHAGYA, ARASUPARAMBU, NEDUMANGAD P.O, TRIVANDRUM.** **3. INDU G.NAIR,** - **CONTRACT TECHNICIAN III, MVIIT/VSSC,** - **RESIDING AT TC 5/2123, LEKSHMI NIVAS, KOKKODU, KAWDIAR P.O, TRIVANDRUM.** **4. ASOKAN S.,** - **CONTRACT TECHNICIAN III, MVIIT/VSSC,** - **RESIDING AT THOPPILCHARUVILA AATTAIKATHU PUTHEN VEEDU, KOOTTAPPARA, KARAKULAM P.O, TRIVANDRUM.** **5. RAJANEESH K.,** - **CONTRACT TECHNICIAN III, MVIIT/VSSC,** - **RESIDING AT KONATHU VEEDU, MARUTHUMMOODU, CHETTACHAL P.O, VITHURA, TRIVANDRUM.** **6. SHAMNAD J.,** - **CONTRACT TECHNICIAN II, MVIIT/VSSC,** - **RESIDING AT SAJAD MANZIL, ETTIMOOD, MUTHUVILA P.O, KALLARA, TRIVANDRUM.** **7. EDWIN JACOB M., CONTRACT TECHNICIAN II, MVIIT/VSSC,** **RESIDING AT BETHEL, TC 19/1815 3, PNRA 100A, CHURCH ROAD, POOJAPPURA, TRIVANDRUM.** **8. SUNIL B., CONTRACT TECHNICIAN II, MVIIT/VSSC, RESIDING AT BETHEL HOUSE, ALARTHALA, POWDIKONAM P.O, TRIVANDRUM.** **2/-** **-2-** ## **WP(C).No. 14184 of 2015 (W)** ## **9. MARTIN K.,** - **CONTRACT TECHNICIAN II, MVIIT/VSSC,** - **RESIDING AT KILIKKOTTUKONATHU VALIAVILA VEEDU, UROOTTAMBALAM P.O, TRIVANDRUM -695 507.** **10. KUMARI SHEELA K.B., CONTRACT TECHNICIAN III, MVIIT/VSSC,** **RESIDING AT SHEELAS, MELAMCODE, PAZHAKUTTY P.O, NEDUMANGADU, TRIVANDRUM.** ## **11. BEENA L.,** **CONTRACT TECHNICIAN III, MVIIT/VSSC, RESIDING AT AKHILAM KRA 98 B, VEEPADU, MUKKOLA P.O, TRIVANDRUM.** ## **12. SUBHASH KUMAR P.K.,** - **CONTRACT TECHNICIAN III, MVIIT/VSSC,** - **RESIDING AT SWATHY, VELLAINADU P.O, TRIVANDRUM.** ## **13. CHANDRA KUMAR V.,** **CONTRACT TECHNICIAN III, MVIIT/VSSC, RESIDING AT THADATHARIKATHU VEEDU, KONNAMOODU, MANPURAM, CHULLIMANOOR P.O, TRIVANDRUM.** ## **14. A.ABDUL LATHEEF,** - **CONTRACT TECHNICIAN III, MVIIT/VSSC,** - **RESIDING AT AASIA MANZIL, PALODE, PAPPANAMCODE, PANAGODE P.O, TRIVANDRUM.** ## **15. SURESH V.,** **CONTRACT TECHNICIAN III, MVIIT/VSSC, RESIDING AT KRISHNA NIVAS, TC 3/463-1, MUTTADA P.O, TRIVANDRUM.** ## **16. NASEER H.,** - **CONTRACT TECHNICIAN III, MVIIT/VSSC,** - **RESIDING AT SALEENA MANZIL, VATTAKKARIKKAKOM P.O, PALODE, TRIVANDRUM.** **17. SIJU P.S., CONTRACT TECHNICIAN II, MVIIT/VSSC,** **RESIDING AT THADATHARIKATHU VEEDU, PALAM, PULAMPARA P.O, VENJARAMOODU, TRIVANDRUM.** ## **18. BAIJU B.,** **CONTRACT TECHNICIAN II, MVIIT/VSSC, RESIDING AT THOPPIL CHARUVILA ATTARIKATHU VEEDU, KOOTTAPPARA, KARAKULAM P.O, TRIVANDRUM.** **3/-** **-3-** ## **WP(C).No. 14184 of 2015 (W)** **19. SREERAJ V.S., CONTRACT TECHNICIAN II, MVIIT/VSSC, RESIDING AT SREERAJ BHAVAN, ULIYOOR, PAZHAKUTTY P.O, TRIVANDRUM.** **20. KARTHIKA S., CONTRACT TECHNICIAN II, MVIIT/VSSC, RESIDING AT PINNATTUVILA VEEDU, POIKAMUKKU P.O, AVANAVANCHERRY, TRIVANDRUM.** ## **21. SARATH KUMAR S.S.,** - **CONTRACT TECHNICIAN II, MVIIT/VSSC,** - **RESIDING AT KANNETTUVILAKATHU VEEDU, PANAGOTTELA, KARIPPOOR P.O, NEDUMANGAD, TRIVANDRUM.** ## **22. GOPAKUMAR K.,** - **CONTRACT TECHNICIAN III, QCPG/VSSC,** - **RESIDING AT GOKULAM MYTHRI NAGAR, 6TH STONE, KARAKULAM P.O, TRIVANDRUM- 695 564.** ## **23. SANTHOSH KUMAR K.,** - **CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,** - **RESIDING AT CHENAVILAGAM, KANNANAGAM, KOLLEMCODE, KANYAKUMARI DISTRICT, TAMILNADU.** ## **24. AISWARYA V.M.,** **TECHNICAL ASSISTANT, MVIT/VSSC, SIVASAKTHI, DEVIPURAM, EDAVAKOD, POWDIKONAM P.O, TRIVANDRUM -695 588.** ## **25. RASHMI M.CHETTIYAR,** **CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC, RESIDING AT ROADARIKATHU PUTHEN VEEDU, VELLAMKUDY, KALLARA P.O, TRIVANDRUM.** ## **26. LAVANYA J.P.,** - **CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,** - **RESIDING AT CHERUVALLIKUZHY VEEDU, MELAMCODE, PAZHAKUTTY P.O, TRIVANDRUM.** **27. SUKUMARI K., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT TC 40/734(2), SREEVIGHNESH, THOPPUMUKKU, SREEVARAHAM, MANACAUD, TRIVANDRUM.** **28. BIJU K.R., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT TC 11/1183, WATTS LANE, NANDANCODE, TRIVANDRUM.** **4/-** **-4-** ## **WP(C).No. 14184 of 2015 (W)** ## **29. SURESH KUMAR A.,** - **CONTRACT TECHNICIAN III, IISU/VSSC,** - **RESIDING AT MAMOOTTIL HOUSE, NETTIRACHIRA, NEDUMANGADU P.O, TRIVANDRUM.** ## **30. SARATH RAJ.,** **CONTRACT TECHNICIAN II, IISU/VSSC, RESIDING AT SARAS, 11TH STONE, CHERUVALLIKONAM, NEDUMANGAD, TRIVANDRUM.** ## **31. BAIJU S.,** **CONTRACT TECHNICIAN II, IISU/VSSC, RESIDING AT THALIKKOTTU VALIYAVILA VEEDU, MUTTADA, TRIVANDRUM.** ## **32. ABRAHAM M.A.,** - **CONTRACT TECHNICIAN 1, IISU/VSSC,** - **RESIDING AT MUDAPALLYMEPRATHU, THURUTHICAUD P.O, KALLOOPPARA, PATHANAMTHITTA.** ## **33. AKHIL S. RAVEENDRAN,** - **CONTRACT TECHNICAL ASSISTANT, IISU, VSSC,** - **RESIDING AT TC 49/315121, VALIYAVILAKAM, KAMALESWARAM, PRA 104, TRIVANDRUM.** ## **34. REETTU P.R.,** - **CONTRACT TECHNICIAN III, AVN/VSSV,** - **RESIDING AT REETTU BHAVAN, KARIPOORU P.O, NEDUMANGAD, TRIVANDRUM.** ## **35. THANZEER A.K.,** **CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT THANZEER MANZIL, PINAKOTTUKONAM, PALAMKONAM P.O, TRIVANDRUM.** ## **36. HARIKUMAR N.,** - **CONTRACT TECHNICIAN III, IISU/VSSC, THOTTATHIL VEEDU,** - **MULLASSERY, KARAKULAM, TRIVANDRUM.** ## **37. BIJU G.,** - **CONTRACT TECHNICIAN III, IISU/VSSC,** - **MUNNUTHOTTIL PUTHAN VEEDU, ANAKUDY P.O, VAMANAPURAM, THIRUVANANTHAPURAM.** ## **38. ANEESH K.R.,** - **CONTRACT TECHNICIAN III, IISU/VSSC,** - **RESIDING AT SAMATHI VI 3/1436, CHEENIKONAM, MANIKANDESWARAM P.O, THIRUVANANTHAPURAM.** **39. NAVEEN R., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT MANOJ BHAVAN, KODUMAN EAST, PATHANAMTHITTA.** **5/-** **-5-** ## **WP(C).No. 14184 of 2015 (W)** **40. SAJEEVAN C.S., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT NANDANAM, VRA -B53, PARAMBUMUKKU, PULIYARAKONAM P.O, TRIVANDRUM.** **41. ARUN T. NAIR., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT SOUPARNIKA JANASHAKTHI NAGAR, 85A, ALAMCODE, PONGUMMOODU, MEDICAL COLLEGE P.O, TRIVANDRUM.** **42. JAYAKUMAR K., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT RADHAKRISHNA VILASOM, KOKOTHAMANGALAM, MUNDELA P.O, NEDUMANGAD, TRIVANDRUM.** ## **43. SAIFUDEEN M.,** - **CONTRACT TECHNICIAN III, IISU/VSSC,** - **RESIDING AT MATTUMMAL HOUSE, ATHIRISERY P.O, MALAPPURAM.** ## **44. RAJEEV M.,** **CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT DR.PAILANE, DR.PRNA 47, OPPO. PAREEKSHA BHAVAN, POOJAPPURA, TRIVANDRUM.** ## **45. JAYAKUMAR.S.,** - **CONTRACT TECHNICIAN III, IISU/VSSC,** - **RESIDING AT KALLANOORKONATHU PUTHEN VEEDU, MANCHAVILAKOM P.O, TRIVANDRUM.** ## **46. BINDUMOL L.S.,** - **CONTRACT OFFICE ASSISTANT III, MVIT/VSSC,** - **RESIDING AT ABHIRAM CHAYAM, VITHURA P.O, THIRUVANANTHAPURAM.** ## **47. RAJALEKSHMI,** - **CONTRACT OFFICE ASSISTANT II, MVIT/VSSC,** - **RESIDING AT ASWATHY BHAVAN, VELIYANOOR P.O, VELLANAD, TRIVANDRUM.** **48. LIJI T., CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT GEETHASADANAM, KODIKATTAKKAL VEEDU, ENIKKARA, TRIVANDRUM.** **49. SARITHA S., CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT MANIMANDIRAM, KODUVAZHATHOOR P.O, PULIMATH, TRIVANDRUM.** **6/-** **-6-** ## **WP(C).No. 14184 of 2015 (W)** **50. NANDU C.P., CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,** **RESIDING AT CHANDRA BHAVAN, OYOOR P.O, KOLLAM.** ## **51. RAJESH R.,** **CONTRACT TECHNICIAN II, CMSE, IISU, VSSC, RESIDING AT KUZHIVILA PUTHEN VEEDU, KODANGAVILA P.O, KODANGAVILA, THIRUVANANTHAPURAM.** ## **52. HENSIN C.,** - **CONTRACT TECHNICIAN II, IISU, VSSC,** - **RESIDING AT KANNANKARIVILA, MOOLACHAL, MEKKAMANDAPAM, KANYAKUMARY.** ## **53. PRAEEN B.,** - **CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,** - **RESIDING AT PRAMOD BHAVAN, KAVADITHALAYKAL, MANIMKANTESWARAM P.O, TRIVANDRUM.** ## **54. ASWATHY C.,** **OFFICE ASSISTANT, MVIIT/VSSC, RESIDING AT ASWATHY BHAVAN, KANJIRAMCODE, KARIPOOR P.O, TRIVANDRUM.** **55. PRADEEP K.K., CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,** **RESIDING AT KADINAKKARA HOUSE, CHELAKODE P.O, THRISSUR.** ## **56. SREELATHA S.,** - **CONTRACT OFFICE ASSISTANT II, MVIT/VSSC,** - **RESIDING AT SARASWATHY BHAVAN, ANDOORKONAM P.O, POTHENCODE, TRIVANDRUM.** ## **57. PRIJU KUMAR S.P.,** - **CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,** - **RESIDING AT SUKU BHAVAN, MANCHA, NEDUMANGAD P.O, TRIVANDRUM.** ## **58. ASWATHY A.,** - **CONTRACT OFFICE ASSISTANT II, MVIT/VSSC,** - **RESIDING AT CHIRATHALAKKAL VEEDU, VELLOORKONAM, MANCHA P.O, NEDUMANGAD, TRIVANDRUM.** **59. ASWATHY A., CONTRACT OFFICE ASSISTANT II, MVIT/VSSC,** **RESIDING AT RATHI BHAVAN, ARASUPARAMBU, NEDUMANGAD P.O, TRIVANDRUM.** **60. THARA V., CONTRACT OFFICE ASSISTANT I, MVIT/VSSC,** **RESIDING AT KARTHIKA, KALLUVARAMBU, POOVATHOOR P.O, NEDUMANGAD, TRIVANDRUM.** **7/-** **-7-** ## **WP(C).No. 14184 of 2015 (W)** **61. ANJU S.P., CONTRACT OFFICE ASSISTANT I, MVIT/VSSC, RESIDING AT SUKUBHAVAN, MANCHA, NEDUMANGAD P.O, TRIVANDRUM.** **62. ANJU S.P., CONTRACT OFFICE ASSISTANT II, MVIT/VSSC, RESIDING AT ARUNODAYAM, MUKKOLAKKAL, NEDUMANGAD P.O, TRIVANDRUM.** **63. ARUN P.R., CONTTRACT TECHNICAL ASSISTANT, IISU, VSSC,** **RESIDING AT MOONNAMKIZHAKKATHIL, PRAKULM P.O, KOLLAM.** **64. SABARI S.S., CONTRACT TECHNICIAN II, IISU/VSSC, RESIDING AT VAYALVARAM, DANUVACHAPURAM, DANUVACHAPURAM P.O, TRIVANDRUM.** ## **65. SIVAPRSAD K.P.,** **CONTRACT TECHNICAL ASSISTANT, IISU/VSSC, RESIDING AT DEVIKRIPA, TC 21/1354 (6), KRA 59 A SOMAN NAGAR, NEDUMKADU, KARAMANA P.O., TRIVANDRUM.** **66. SELVARAJ L.R., CONTRACT ENGINEER, IISU/VSSC,** **RESIDING AT NEDUNGULAM P.O, THIRUMANGALAM, MADURAI, TAMILNADU.** **67. SUMITH M.S., CONTRACT TECHNICAL ASSISTANT, IISU/VSSC,** **RESIDING AT KADANGARAKADA VEEDU, PUTHAKULAM P.O, KOLLAM.** **68. SANDEEP V.S., CONTRACT TECHNICAL ASSISTANT, IISU/VSSC, RESIDING AT VIJIS, K.K NAGAR, KALLAYAM P.O, TRIVANDRUM- 695 043.** **69. VINEETH S.S., CONTRACT TECHNICAL ASSISTANT, IISU/VSSC, RESIDING AT SIVAJYOTHI, PILLAVEETUVILAI, KURUMATHOOR, KUZHITHURA P.O, KANYAKUMARI, TAMILNADU.** **70. MANOJ G., CONTRACT TECHNICIAN III, IISU/VSSV,** **RESIDING AT LEELA BHAVAN, MANNARAMPOTTA, KEEZHAROOR P.O, NEYYATTINKARA 695 130, TRIVANDRUM.** **71. RAJASEKHARAN R., CONTRACT TECHNICIAN III, IISU/VSSC, RESIDING AT MOOLACHEL VADASSERY VILAI, MEKKAMANDAPAM P.O, KANYAKUMARI, TAMILNADU.** **8/-** **-8-** **WP(C).No. 14184 of 2015 (W)** ## **72. KANNAN G.,** - **TECHNICAL ASSISTANT I, IISU/VSSC,** **RESIDINGA T LEKSHMI VILASOM, AP-552, KAITHAKUZHI, NEAR AYIRAVALLI TEMPLE, ARUVIKKARA P.O, TRIVANDRUM.** ## **73. RAJESH T.K.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT THITTAYIL HOUSE, THOPPIL MANNAM P.O, PARAVUR, ERNAKULAM.** ## **74. VIMAL RAJ V.O.,** - **CONTRACT TECHNICIAN I, MVIT/VSSC,** - **RESIDING AT CHRIST BHAVAN, THOPPUVILA, KODANGAVILA P.O, TRIVANDRUM.** ## **75. SREEJITH C.V.,** - **CONTRACT TECHNICIAN I, MVIT/VSSC,** - **RESIDING AT SREEJU NIVAS, TAGORE ROAD, TRIKKANNAPURAM, ARMADA P.O, TRIVANDRUM.** ## **76. SHINU ALEX A.U.,** - **CONTRACT TECHNICAL ASSISTANT, MVIT/VSSV,** - **RESIDING AT MARRYS COTTAGE, KUSSARCOD, POOVATHOOR P.O, NEDUMANGAD, TRIVANDRUM.** ## **77. BALACHANDRAN P.,** - **CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** - **RESIDING AT VETTUVILA MEENAKSHI MANDIRAM, PORANOOR, PLAMOOTTUKADA P.O, AMARAVILA, NEYYATTINKARA, TRIVANDRUM.** **78. MURALEEDHARAN K., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** **RESIDING AT THOPPUVILAKATHU VEEDU, TC 49/728, MEDAMUKKU, MANACAUD P.O, TRIVANDRUM.** **79. GOPAKUMAR M.V., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** **RESIDING AT MADHAVA VILASAM BANGLOW, KORANAMCODE, KOTTAKKAL P.O, TRIVANDRUM.** **80. ANIL KUMAR K., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** **RESIDING AT SANAL BHAVAN, AYAYIL, ARUVIPURAM P.O, TRIVANDRUM.** **81. GAGARIN A.M., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** **RESIDING AT VIJAYA HOUSE, MULAKKOTTUKARA, VITHURA P.O, NEDUMANGAD, TRIVANDRUM.** **9/-** **-9-** ## **WP(C).No. 14184 of 2015 (W)** **82. MANU R., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT REVATHY, THENGARA MUKAL, KALLAYAM P.O, TRIVANDRUM.** ## **83. SURESH S.,** **CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT KAWSTHUBHAM, METTUKADA, MALAYINKIL P.O, TRIVANDRUM.** ## **84. GIREESH KUMAR C.S.,** **CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT TC 39/1730(1), ELANGAMVILAKATHU VEEDU, KURYATHI, MANACAUD P.O, TRIVANDRUM.** ## **85. KRISHNAKUMAR M.P.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT M.P.NIVAS, KP 9/44, AKG NAGAR ROAD, PEROORKADA P.O, TRIVANDRUM.** ## **86. SHINOD C.B.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT SREEJA NIVAS, TC 33/572, VETUCAUD TTP POST, TRIVANDRUM.** ## **87. SHIBU KUMAR V.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT PUNNAVILA VEEDU, POONKULAM, VALLAYANI P.O, TRIVANDRUM.** ## **88. ARUNESH S.V.,** **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC, RESIDING AT S.V SADANAM, SRUVIPURAM P.O, NEYYATTINKARA, TRIVANDRUM.** ## **89. SYAMRAJ T.S.,** - **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** - **RESIDING AT SYAMALALAYA KUMILI NAGAR, PACHALOOR P.O, TRIVANDRUM.** ## **90. SUJITH S.,** - **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** - **RESIDING AT IDAYAKANDATH VADEKETHATTU VEEDU, CHEENIVILA, KOOVALASSERY P.O, TRIVANDRUM.** **91. MOHAMMED RAZI., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** **RESIDING AT KAPPIVILA, MEKATHATTUPUTHEN VEEDU, ARALUMMOODU P.O, TRIVANDRUM.** **92. VINOD B.S., CONTRACT TECHNICIAN, CMSE,IISU/VSSC, RESIDING AT KOLAMVILAKAM, PERINGAMALA, KALLIYOOR P.O, TRIVANDRUM.** **10/-** **-10-** ## **WP(C).No. 14184 of 2015 (W)** **93. G.SATHEESH KUMAR., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT TC 2/2360, T.N ROAD, PLAMOODU, PATTAM, TRIVANDRUM.** ## **94. BIJU B.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT KOLLAVILAKATHU PUTHEN VEEDU, KOLLAKUDUYETTAM, PANACHAMOODU, TRIVANDRUM.** ## **95. RENJITH C.,** **CONTRACT TECHNICIAN 1, CMSE,IISU/VSSC, RESIDING AT UPPINICHAN VILA VEEDU, PARANIYAM, VAZHIMUKKU, PUTHIYATHURA P.O, TRIVANDRUM.** ## **96. HIMESH S.B.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT SREEKRISHNA MANDIRAM, MANGALATHUKONAM, KATTACHALIKUZHY P.O, TRIVANDRUM.** ## **97. ANIL KUMAR S.,** **CONTRACT TECHNICIAN 11, CMSE,IISU/VSSC, RESIDING AT NIRMALYAM NEDUVILA PUTHEN VEEDU, AYIRA P.O, PARASSALA, TRIVANDRUM.** ## **98. SIVAPRASAD U.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT PARVATHY, KUNNATHU PUTHEN VEEDU, POLICE HQ ROAD, NEMAM P.O, TRIVANDRUM.** ## **99. JEFIN PAUL,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT BETHEL HOUSE, THANNINNINNA VILA, KUDANGAVILA P.O, ARALUMMOODU, TRIVANDRUM.** **100. RENJITH RAJ T.O., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT RAJ BHAVAN, KANNEERU, ARUMANOOR, POOVAR P.O,TRIVANDRUM.** **101. MANULAL M.S., CONTRACT TECHNICIAN 1, CMSE,IISU/VSSC,** **RESIDING AT MANIVEENA, CHELLAMKODU, NEDUMANGAD, TRIVANDRUM.** **102. VIGNESH RAJ S., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC, RESIDING AT TC 54/770, KALABHAVAN, NADUVATH, KARAKKAMANDAPAM, NEMAM, TRIVANDRUM.** **103. JOSEPH A., CONTRACT TECHNICIAN, CMSE,IISU/VSSC, RESIDING AT NEEMA BHAVAN, AYANAMCODE MUKKOLA, DHANUVACHAPURAM P.O, TRIVANDRUM.** **11/-** **-11-** ## **WP(C).No. 14184 of 2015 (W)** **104. AJITH KUMAR J.K., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** **RESIDING AT KARUNYA, KONNANOORKONAM, KUNANTHUKAL, KARAKONAM P.O, TRIVANDRUM -695 504.** **105. STALIN JOSE J., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** **RESIDING AT ST.PETERS NAGAR HOUSE NO.7, HOSPITAL JUNCTION, PARASSALA P.O, TRIVANDRUM.** **106. JOYKUTTY J., CONTRACT TECHNICIAN III, CMSE,IISU/VSSC,** **RESIDING AT NELLIYOTTUKONAM SEJIN NIVAS, THONNGAMPARA, KATTAKADA, TRIVANDRUM.** ## **107. RENJU R.,** - **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** - **RESIDING AT RENJU BHAVAN, CHOOTTAYIL P.O, KILIMANOOR, TRIVANDRUM.** **108. RETHEESH KUMAR J.L., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** **RESIDING AT J.L MANDRIAM, SASTHAMKONAM, POOVACHAL, TRIVANDRUM.** **109. JYOTHISH KUMAR G.S., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,** **RESIDING AT JYOTHISH BHAVANAM, VADAKKE NEDIYAVILA, KANJIRAMKULAM P.O, TRIVANDRUM.** **110. PRAMOD S.SYLUS., CONTRACT TECHNICIAN II, CMSE,IISU/VSSC,** **RESIDING AT PENIEL, NEDIYAKALA, KANJIRAMKULAM P.O, TRIVANDRUM.** ## **111. RAJAN C.,** **CONTRACT TECHNICIAN II, CMSE,IISU/VSSC, RESIDING AT PUTHUVAL PUTHAN VEEDU, MANGALA, MELPALAI P.O, KANYAKUMARY, TRIVANDRUM.** ## **112. MANJESH KUMAR R.,** **CONTRACT TECHNICIAN III, CMSE,IISU/VSSC, RESIDING AT PALAMOOTTIL HOUSE, PERUMPALLI, KAVANADU P.O, KOLLAM.** **113. REEDA SEBASTIAN R., CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC, RESIDING AT CHRIST BHAVAN, KANIYANKONAM, VELLOORKONAM, MANCHA P.O, NEDUMANGAD, TRIVANDRUM.** **12/-** **-12-** ## **WP(C).No. 14184 of 2015 (W)** ## **114. RAKHESH N.K.,** **CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC, RESIDING AT CHERUMUNDY THAZHE HOUSE, ULLIYERI P.O, KOYILANDI, KOZHIKODE.** **115. ANOSH KUMAR M.S., CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,** **RESIDING AT P.T HOUSE, KUSARKODE, POOVATHOOR P.O, NEDUMANGADU, TRIVANDRUM.** ## **116. SYAM A.,** - **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC, RESIDING AT GOPU BHAVAN, CHOWALLUR, PULIYARAKONAM P.O, TRIVANDRUM.** ## **117. SURAJ S.,** **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC, RESIDING AT SURESH BHAVAN, KHADI BOARD LANE, KAVALOOR, VATTIYOORKAVU P.O, TRIVANDRUM.** ## **118. JINU J.L.,** - **CONTRACT TECHNICAL ASSISTANT, MVIT/VSSC,** - **RESIDING AT THRIJAYA BHAVAN, MUKKOLA, KALLAYAM, TRIVANDRUM.** ## **119. SHIBU K.,** - **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** - **RESIDING AT AKKARATHINVILA VEEDU, SHIVANCOIL ROAD, BALARAMAPURAM P.O, TRIVANDRUM.** ## **120. AJEESH A.M.,** - **CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** - **RESIDING AT AJEESH BHAVAN, CHIRATHALAYKKAL, KUTTICHAL P.O, TRIVANDRUM.** **121. VIJIKUMAR S., CONTRACT TECHNICIAN I, CMSE,IISU/VSSC,** **RESIDING AT PUSHPAVILASAM, KAVINPURAM, ALAMUKKU, POOVACHAL, TRIVANDRUM.** **122. VINEESH V.U., CONTRACT OFFICE ATTENDANT, MVIT/VSSC, RESIDING AT KOORUVILA VEEDU, KAVUMMOOLA, KARIPOOR P.O, NEDUMANGADU, TRIVANDRUM.** **13/-** **-13-** ## **WP(C).No. 14184 of 2015 (W)** **123. ABHILASH C.S., CONTRACT TECHNICIAN, LPSC, RESIDING AT ASI COTTAGE, MARUTHAMOODU, PANTHALOCODE P.O, VATTAPPARA, TRIVANDRUM.** ## **BY ADVS.SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN** **RESPONDENT(S):** - **----------------------------** **1. INDIAN SPACE RESEARCH ORGANISATION, ANTARIKSH BHAVAN, NEWBEL ROAD,** **BANGALORE -560 231, REPRESENTED BY ITS CHAIRMAN.** **2. DIRECTOR VIKRAM SARABHAI SPACE CENTRE, VELI, THIRUVANANTHAPURAM. PIN-695 001** **3. DIRECTOR,** - **LIQUID PROPULSION SYSTEMS CENTRE,** - **VALIYAMALA, TRIVANDRUM -695 547.** **4. DIRECTOR, INDIAN SPACE RESEARCH ORGANISATION,** **INTERTIAL SYSTEM UNIT, VATTIYOORKAVU P.O, THIRUVANANTHAPURAM- 695 013.** **5. DEPUTY DIRECTOR,** - **COMPOSITE MATERIAL SYSTEM ENTITY,** - **VATTIYOORKAVU P.O, THIRUVANANTHAPURAM-695 361** **6. CONTROLLER, LIQUID PROPULSION SYSTEMS CENTRE (LPSC),** **VALIYAMALA, TRIVANDRUM- 695 547.** **7. CONTROLLER, VIKRAM SARABHAI SPACE CENTRE (VSSC) VELI,** **THIRUVANANTHAPURAM.** **8. REGIONAL LABOUR COMMISSIONER (CENTRAL), UPPALAM ROAD, TRIVANDRUM. PIN-695 001** ## **9. MANAGER,** - **SIVAVASU ELECTRONICS, SREE PARAMESH KP 11/201** - **NEAR AMBALATHIL HALL, NCC ROAD, PEROORKADA P.O, THIRUVANANTHAPURAM. PIN-695 003** **10. SECRETARY, ISRO APPRENTICE HOLDERS SOCIETY,** **REGN.NO.T-703/98, CHELAPPURAM KARAKULAM, THIRUVANANTHAPURAM.** **14/-** **-14-** ## **WP(C).No. 14184 of 2015 (W)** ## **11. SECRETARY,** **CENTRAL ELECTRONICS SOCIETY, AYIROOR P.O, VARKALA, THIRUVANATHAPURAM-695 361** ## **12. SECRETARY, RAJ ENGINEERS CHARITABLE SOCEITY, KODNAGAVILA KODANGAVILA P.O, THIRUVAANTHAPURAM VIJAYARAJAN (PROPRIETOR).** ## **13. MANAGER,** **MINI ELECTRICAL ENGINERING WORKS, TC 8/1120, VALLAVILA, THIRUMALA P.O, THIRUVANANTHAPURAM -695 006.** ## **14. MANAGER,** **BS ENGINEERING WORKS, VENPAKAL, VENPAKAL P.O, THIRUVANANTHAPURAM.** ## **15. SECRETARY,** **AEROSPACE TECH SOCIETY, REG.NO.T-1475/2009, TC 2/2360(1) TPJ ROAD, PLAMMOODU, PATTOM P.O, THIRUVANANTHAPURAM- 695 004.** ## **16. MANAGER,** **LEELA AUTO AND GENERAL AGENCIES, SANKAR NAGAR, KAIMANAM P.O, THIRUVANANTHAPURAM 695 040.** ## **17. MANAGER,** **IYDA MECHANICAL ENGINEERING WORKS, MALIYABAL HOUSE, TC 19/604(4), VELANPADAPPU LANE SOUTH ROAD, MUDAVANMUGAL, POOJAPPURA P.O, THIRUVANANTHAPURAM -695 102.** ## **18. MANAGER,** **MILLENIUM SPACE ELECTRONICS, TC 41/2458, KATTUVILAKOM, TRA 95 MANACAUD, THIRUVANANTHAPURAM-695 008** ## **19. SECRETARY,** **SARABHAI MEMORIAL SOCIETY FOR PHYSICALLY HANDICAPED, REG.NO.T 256/07 KUZHIKKADA, MARUTHOOR, VATTAPPARA P.O, THIRUVANANTHAPURAM-695006.** ## **20. MANAGER,** **RAJKUMAR DRAFTING WORKS, NEAR TECHNICAL HIGH SCHOOL, NEDUMANGADU, THIRUVANANTHAPURAM-695542.** ## **21. SECRETARY** **SEVANAM CHARITABLE SOCIETY, REG.NO.627/08, SEVANAM POOVATHOOR P.O, NEDUMANGADU, THIRUVANANTHAPURAM-695542.** **.....15/-** **..15..** ## **WP(C).No. 14184 of 2015 (W)** ## ***ADDL.R22 & 23 IMPLEADED** **22. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI - 110 001.** **23. SECRETARY, DEPARTMENT OF SPACE, GOVERNMENT OF INDIA, NEW DELHI - 110 001.** **ADDL.R22 & 23 ARE IMPLEADED AS PER ORDER DATED 2/12/2015 IN IA.16979/2015.** **R1 TO R8,R22 & R23 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY ADV. SRI.K.SHRI HARI RAO, CGC SMT.SREEKALA.K.L., CGC R1-R7,ADDL.R22 & R23 BY SRI.K.RAMAKUMAR,SENIOR ADVOCATE R9 BY ADVS. SRI.RAM MOHAN.G.** **SRI.G.P.SHINOD SRI.MANU V. SRI.GOVIND PADMANAABHAN R10,R13 & R20 BY ADV. SMT.THUSHARA RAVI** **R10,R13,R20,R12,R14 & R21 BY ADVS. SMT.K.R.KRISHNAKUMARI SMT.P.V.RADHAMANI** **R15,R16,R17,R18 & R19 BY ADVS. SRI.S.NARAYANAN NAIR SRI.V.R.PRASOBH SRI.A.V.LIYAH** **R22 & R23 BY ADV. SMT.ASHA BABU** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2016,ALONG WITH WPC.NO.32501/2016 AND WPC.NO.34162/2016, THE COURT ON 04-11-2016 DELIVERED THE FOLLOWING:** **sts** ## **WP(C).No. 14184 of 2015 (W) ------------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **--------------------------------------** **EXHIBIT P1. COPY OF THE DOCUMENT CONTAINING NAMES OF THE 123 WORKERS, THEIR DETAILS LIKE ADDRESS, AGE, TECHNICAL AND ACADEMIC QUALIFICATIONS, DATE OF JOINING SERVICE, SECTION/DIVISION/ENTITY WHERE THEY ARE ENGAGED ETC.** - **EXHIBIT P2. COPY OF THE DOCUMENT EXPLAINING THE DETAILS OF THE WORK AWARDED AS PER EACH WORK ORDER SEPARATELY.** - **EXHIBIT P3. COPY OF THE WORK ORDER NO.8701 2014 0062710101 DATED 28.2.2015 ISSUED TO THE 9TH RESPONDENT.** - **EXHIBIT P3(A). COPY OF THE REPRESENTATION DATED 20.4.15 SUBMITTED BY THE REGISTERED TRADE UNION VIZ, ISRO CASUAL WORKERS UNION, REGISTRATION NUMBER 01/08 OF 1997, KIZHAKKE BUNGALOW, NEDUMANGAD 695 541.** - **EXHIBIT P4. COPY OF THE REPRESENTATION DATED 30.4.15 SUBMITTED BY THE PETITIONERS.** - **EXHIBIT P5. COPY OF THE REPRESENTATION DATED 04.05.15 SUBMITTED BY THE REGISTERED TRADE UNION VIZ, ISRO CASUAL WORKERS UNION, REGISTRATION NUMBER 01/08 OF 1997, KIZHAKKE BUNGALOW, NEDUMANGAD 695 541.** - **EXHIBIT P6. COPY OF THE ORDER NO.L42011(14)/80/B.2.N DATED 1/1/1981 ISSUED BY THE MINISTRY OF LABOUR, GOVERNMENT OF KERALA** - **EXHIBIT P7. COPY OF THE ORDER NO.7/6(1)/79-1 DATED 17/1/1981 ISSUED BY THE DEPARTMENT OF SPACE, GOVERNMENT OF INDIA** **EXHIBIT P8: THE TRUE COPY OF A BROCHURE PUBLISHED BY ISRO** - **EXHIBIT P8(A): THE TRUE COPY OF THE DOCUMENT EVIDENCING THE LAUNCH OF 40 SATELLITES BY COUNTRIES OTHER THAN INDIA USING PSLV FROM 26.5.1999 TO 30.6.2014** - **EXHIBITP8(B): THE TRUE COPY OF THE DOCUMENT REVEALING THE INFORMATION AVAILABLE FROM THE GOVERNMENT OFFICIAL WEBSITE CONNECTED WITH ISRO** ## **EXHIBIT P9: A SAMPLE COPY OF A WORK ORDER** - **EXHIBIT P9(A): THE TRUE COPY OF A LETTER OF APPRECIATION DATED 11.3.2013** **GIVEN TO THE 41[ST] PETITIONER BY THE DIRECTOR OF IISU, VATTIYOORKAVU FOR A PARTICULAR WORK ASSIGNED TO HIM VIZ. REPLACEMENT OF FIELD PROGRAMMABLE GATE ARRAY (FPGA) DEVICES IN WHEEL DRIVE ELECTRONICS MODULE (WDE) FOR IRNSS-1A PROJECT** **2/-** **-2-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P9(B): THE TRUE COPY OF THE OFFICIAL DOCUMENT CONTAINING DETAILS OF PHASE 1 CONSTELLATION OF INDIAN REGIONAL NAVIGATION SATELLITE SYSTEM (IRNSS) VIZ. IRNSS-1A WHICH WAS LAUNCHED ON 1.7.2013** **EXHIBIT P10: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 1[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P11: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 2[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P12: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 3[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P13: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 4[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P14: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 5[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P15: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 6[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P16: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 7[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P17: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 8[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P18: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 9[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P19: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 10[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P20: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 11[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P21: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 12[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **3/-** **-3-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P22: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 13[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P23: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 14[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P24: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 15[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P25: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 16[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P26: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 17[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P27: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 18[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P28: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 19[TH ] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P29: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 20[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P30: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 21[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P31: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 22[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P32: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 23[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P33: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 24[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P34: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 25[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **4/-** **-4-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P35: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 26[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P36: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 27[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P37: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 28[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P38: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 29[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P39: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 30[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P40: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 31[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P41: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 32[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P42: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 33[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P43: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 34[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P44: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 35[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P45: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 36[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P46: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 37[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **5/-** **-5-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P47: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 38[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P48: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 39[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P49: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 40[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P50: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 41[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P51: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 42[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P52: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 43[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P53: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 44[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P54: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 45[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P55: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 46[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P56: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 47[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P57: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 48[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P58: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 49[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P59: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 50[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **6/-** **-6-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P60: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 51[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P61: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 52[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P62: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 53[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P63: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 54[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P64: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 55[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P65: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 56[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P66: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 57[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P67: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 58[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P68: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 59[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P69: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 60[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P70: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 61[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P71: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 62[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P72: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 63[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **7/-** **-7-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P73: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 64[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P74: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 65[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P75: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 66[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P76: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 67[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P77: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 68[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P78: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 69[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P79: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 70[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P80: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 71[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P81: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 72[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P82: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 73[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P83: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 74[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P84: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 75[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P85: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 76[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **8/-** **-8-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P86: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 77[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P87: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 78[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P88: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 79[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P89: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 80[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P90: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 81[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P91: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 82[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P92: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 83[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P93: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 84[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P94: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 85[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P95: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 86[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P96: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 87[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P97: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 88[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **9/-** **-9-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P98: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 89[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P99: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 90[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P100: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 91[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P101: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 92[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P102: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 93[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P103: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 94[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P104: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 95[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P105: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 96T[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P106: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 97[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P107: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 98[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P108: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 99[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P109: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 100[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P110: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 101[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **10/-** **-10-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P111: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 102[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P112: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 103TH PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P113: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 104[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P114: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 105[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P115: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 106[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P116: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 107[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P117: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 108[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P118: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 109[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P119: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 110[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P120: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 111[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P121: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 112[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P122: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 113[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P123: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 114[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **11/-** **-11-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT P124: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 115[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P125: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 116[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P126: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 117[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P127:THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 118[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P128: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 119[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P129: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 120[TH] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P130: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 121[ST] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P131: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 122[ND] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** **EXHIBIT P132: THE TRUE COPY OF THE TABULATED SHEET EVIDENCING THE NATURE OF WORK FOR WHICH THE 123[RD] PETITIONER IS ENGAGED, COMPARABLE REGULAR EMPLOYEE AND SUCH OTHER CRUCIAL DETAILS** ## **RESPONDENT(S)' EXHIBITS** **-----------------------------------------** **EXHIBIT R10(A) COPY OF THE LICENCE DATED 04/11/2013 ISSUED BY THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), TRIVANDRUM TO THE 10TH RESPONDENT.** **EXHIBIT R10(B) COPY OF THE RELEVANT PAGES OF MONTHLY CONTRIBUTION DETAILS OF WAGES FOR THE MONTH OF MARCH, 2015 REMITTED BY THE 10TH RESPONDENT** **EXHIBIT R10(C) COPY OF THE RELEVANT PAGES OF EMPLOYEES PROVIDENT FUND CONTRIBUTION FOR THE MONTH OF APRIL, 2015 REMITTED BY THE 10TH RESPONDENT.** **12/-** **-12-** ## **WP(C).No. 14184 of 2015 (W)** **EXHIBIT R10(D) COPY OF THE RELEVANT PAGES OF EMPLOYEES STATE INSURANCE CONTRIBUTION FOR THE MONTH OF APRIL, 2015 REMITTED BY THE 10TH RESPONDENT.** **EXHIBIT R10(E) COPY OF THE RELEVANT PAGES OF PURCHASE ORDER AMENDMENT DATED 07/04/2015 IN PURCHASE ORDER NO.7007 20140065400101 ISSUED BY THE 2ND RESPONDENT TO THE 10TH RESPONDENT.** **EXHIBIT R10(F) COPY OF THE RELEVANT PAGES OF PURCHASE ORDER AMENDMENT DATED 07/04/2015 IN PURCHASE ORDER NO.7008 20140064490101 ISSUED BY THE 2ND RESPONDENT TO THE 10TH RESPONDENT** **EXHIBIT R10(G) COPY OF THE RELEVANT PAGES OF PURCHASE ORDER AMENDMENT DATED 09/4/2015 IN PURCHASE ORDER NO.7065 20140064410101 ISSUED BY THE 2ND RESPONDENT TO THE 14TH RESPONDENT.** **EXHIBIT R10(H) COPY OF THE LIST OF BOARD OF DIRECTORS OF THE ISRO APPRENTICESHIP HOLDERS SOCIETY** **EXHIBIT R10(I) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRANING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE 10TH RESPONDENT SECRETARY OF THE SOCIETY, SRI.P.SANTHOSHKUMAR.** **EXHIBIT R10(J) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO EH VICE-PRESIDENT OF THE SOCIETY, SRI.HAREESH KUMAR.T.** **EXHIBIT R10(K) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICEPRESIDENT OF THE SOCIETY, SRI.JAHFARALI.K.P.** **EXHIBIT R10(L) COPY OF THE CERTIFICATE APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE PRESIDENT OF THE SOCIETY, SRI.JINU.T.S. EXHIBIT R10(M) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE PRESIDENT OF THE SOCIETY, KUM. KAVITHA.O.** **EXHIBIT R10(N) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE PRESIDENT OF THE SOCIETY, SRI.RATHEESH.R.K.** **EXHIBIT R10(O) COPY OF THE CERTIFICATE OF APPRENTICESHIP TRAINING ISSUED BY THE VIKRAM SARABHAI SPACE CENTRE TO THE VICE PRESIDENT OF THE SOCIETY, SRI.AJIKUMAR.B.R.** **13/-** **-13-** ## **WP(C).NO.14184/2015** - **EXHIBIT R1 COPY OF THE ORDER DATED 20/8/1999 IN OA.NO.916/1999 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH** - **EXHIBIT R2 COPY OF THE JUDGMENT DATED 13/2/2002 IN OP NO.22165/99 OF THIS HON'BLE COURT** - **EXHIBIT R3 COPY OF THE LETTER L42011(14)/80-B.II.N DATED 1/1/81 OF THE MINISTRY OF LABOUR** - **EXHIBIT R4 COPY OF THE OM NO.7/6(1)/79-1 DATED 17/1/81 ISSUED BY THE DEPARTMENT OF SPACE** - **EXHIBIT R5 COPY OF THE JUDGMENT DATED 8/4/97 IN SLP(C) NO.9846/92 OF THE SUPREME COURT, NEW DELHI** - **EXHIBIT R6 COPY OF THE CERTIFICATE OF REGISTRATION DATED 13/3/2012 ISSUED BY REGISTERING OFFICER AND ASSISTANT LABOUR COMMISSIONER (CENTRAL), THIRUVANANTHAPURAM.** - **EXHIBIT R7 COPY OF THE PRESIDENTIAL NOTIFICATION DATED 18/07/1972** - **EXHIBIT R8 COPY OF THE NOTIFICATION DATED 14/11/1974.** - **EXHIBIT R18(A) COPY OF THE CHALAN RECEIPTS EVIDENCING PAYMENT TOWARDS ESI** - **EXHIBIT R18(B) COPY OF THE CHALAN RECEIPTS EVIDENCING PAYMENT TOWARDS EPF.** ## **/TRUE COPY/** ## **P.A.TO JUDGE** **sts** **'CR'** ## **A.MUHAMED MUSTAQUE, J.** **=-=-=-=-=-=-=-==-=-=-=--=-=-=-=-=-=-=-=-=-=-=** W.P.(C)Nos.14184 of 2015, 34162 of 2016 **==> picture [106 x 29] intentionally omitted <==** **=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 4[t] h day of November, 2016** ## **JUDGMENT** These writ petitions involve a question as to the scope of exercise of power by this court under Article 226 of the Constitution of India to issue a writ of mandamus to command the principal employer not to alter the service conditions of the contract labourers (petitioners) pending adjudication of a dispute regarding regularization before the Industrial Adjudicator. 2. The petitioners are the contract labourer working with different contractors engaged by the Indian Space Organisation (ISRO) and its other establishments (hereinafter referred to as principal employer') for the purpose of executing work in the units under it. The petitioners claim that they are employed in various units of the principal employer and many of them have completed more than 20 years of service. They have been engaged continuously by the contractors to execute the work on behalf of principal employer. The length of service rendered by the petitioners varies from 9 to 20 years. The petitioners also approached the Regional Labour ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:2:-** Commissioner Central, Thiruvananthapuram raising an industrial dispute for regularization in the service of principal employer. According to the petitioners, the contract of labour work is camouflaged to avoid the compliance of various statutory provisions to deprive monetary benefits and welfare measures to them. The petitioners claim that the establishments of principal employer are covered by the provisions of Contract Labour (Regulation and Abolition) Act, 1970 (the 'CLRA Act' for short). Therefore, it is argued by the learned counsel for the petitioners that the petitioners will have to be treated as employees of principal employer and entitled for regularization in the service of the principal employer. The petitioners have approached this court seeking for a writ of mandamus directing the principal employer not to alter the service conditions of the petitioners directly or indirectly affecting the procedure for regularization of their service during the pendency of adjudication before the Industrial adjudicator. 3. Since the common question of law involved in these writ petitions and reliefs sought for are one and the same, these writ petitions are considered together for disposal. 4. The principal employer resisted this writ petition contending that they discharge the sovereign function and therefore, the establishment under them cannot be termed as an industry. It is ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:3:-** their case that the Department of Space and its functionality ISRO/LPSC and its constituent centres discharge sovereign functions. It is contended that the primary objective of the principal employer is to promote development activities of space science and technology for all round development of the nation. It is the case that principal employer focus on core area of the work and outsource all peripheral nature of work through contract labour system. They denied having any employer-employee relationship with workers engaged by the contractors, and also stated that officials of principal employer do not exercise any supervisory function over the workers employed by the contractors for the execution of the work. It is also contended that while awarding the work, principal employer ensured compliance of provisions of CLRA Act and other labour legislations. It is further stated that the terms and conditions of the contract provide that the contractor shall obtain license under the CLRA Act. Thus, it is submitted that the contract labourers are not exploited and they are provided with all rights and benefits as provided under the CLRA Act. It is also contended by the principal employer that the grievance of the petitioners cannot be decided by this Court and the petitioners are having an alternative remedy before the Central Administrative Tribunal. 5. Issues in these writ petitions are arising in the context of ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:4:-** CLRA Act, 1970. The case of the petitioners is that the contract awarded by the principal employer to various contractors are sham and camouflage, therefore, the Industrial Adjudicator has to decide the nature of the contract for the purpose of absorbing the petitioners in the service of the principal employer. It is argued, if the service conditions of the petitioners are altered and they happened to be terminated, the petitioners will be deprived of ultimate benefit based on outcome of industrial adjudication. 6. The CLRA Act was enacted to regulate the employment of the contract labourers in certain establishments. There is no dispute to the fact that the provisions of the CLRA Act would apply to the ISRO and its units. It is also admitted that the principal employer also have obtained registration in terms of section 7 of the CLRA Act. It is also admitted that the contractors are licensed contractors in terms of section 12 of CLRA Act. However, it is to be noted that, there is no prohibition issued for the employment of the contract labourers in terms of section 10 of the CLRA Act. Therefore, the industrial adjudicator, if he is called upon to decide, has to determine whether the contract labour agreement is sham or camouflage, when there is no prohibition under Section 10 (1) of CLRA Act. It is apposite to refer some of the judgments of the Hon’ble Supreme Court in the context of CLRA Act. In **Gujarat Electricity Board, Thermal Power Station,** ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:5:-** **UKAI vs. Hind Mazdoor Sabha and others [(1995) 5 SCC 27]** an industrial dispute was adjudicated in a claim raised by the workmen contending that they are the employees of the principal employer and the contract was sham and camouflage. The Hon’ble Supreme court after elaborate discussion, in paragraph 53 (ii) held as follows: _“53. Our conclusions and answers to the questions raised are, therefore, as follows :_ _[i] In view of the the provisions of Section 10 of the Act, it is only the appropriate Government which has the authority to abolish genuine labour contract in accordance with the provisions of the said Section. No Court including the industrial adjudicator has jurisdiction to do so._ _[ii] if the contract is sham or not genuine, the workmen of the so called contractor can raise an industrial dispute for declaring that they were always the employess of the principal employer and for claiming the appropriate service conditions. When such dispute is raised, it is not a dispute for abolition of the labour contract and hence the provisions of Section 10 of the Act will not bar either the raising or the adjudication of the dispute. When such dispute is raised, the industrial adjudicator has to decide whether the contract is sham or genuine. It is only if the adjudicator comes to the conclusion that the contract is sham, that he will have jurisdiction to adjudicate the dispute. If, however, he comes to the conclusion that the contract is genuine, he may refer the workmen to the appropriate Government for abolition of the contract labour under Section 10 of the Act and keep the dispute pending. However, he can do so if the dispute is espoused by the direct workmen of the principal employer. If the workmen of the principal employer have not espoused the dispute,_ ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:6:-** _the adjudicator, after coming to the conclusion that the contract is genuine, has to reject the reference, the dispute being not an industrial dispute within the meaning ofSection 2 (k) of the ID Act. He will not be competent to give any relief to the workmen of the erstwhile contractor even if the labour contract is abolished by the appropriate Government under Section 10 of the Act.”_ It is further held, when the contract is genuine, it is open for the permanent employee under the principal employer to raise industrial dispute or also for the workmen to approach the Government for abolishment of the contract labour under section 10 of the Act. 7. In ' **International Airport Authority of India vs. International Air Cargo Workers Union** [1997 9 SCC 377], the judgment in **Gujarat Electricity Board’s** case (supra) was partially modified with regard to the question that on abolition of contract labour system, contract labourers have to be automatically absorbed by the principal employer. In **Air India’s** case (supra), the Hon’ble Supreme Court held that consequent upon abolition of the contract labour, by issuing prohibitory notification under Section 10 (1) of the CLRA Act, the principal employer directly becomes employer of the workmen. 8. In another judgment of the Hon’ble Supreme Court in ' **Steel Authority of India Ltd. vs. National Union Waterfront workers'** [2001 7 SCC 268] over ruled the **Air India’s case** (supra) ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:7:-** and held that, on issuance of prohibitory notification under section 10 (1) of the CLRA Act, prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labourer in regard to conditions of service, the industrial adjudicator will have to consider the question whether the contract has been interposed either on the ground of having undertaken to produce any given result for the establishment for supply of contract labour for work of the establishment under a genuine contract or is a mere ruse/comouflage to evade compliance with various beneficial legislations so as to deprive the workers of the benefit thereunder. If the contract is found to be not genuine, the principal employer who shall be directed to regularise the services of the contract labour. Thus automatic absorption as propounded in **Air India’s** case has been overruled in **SAIL’s** case. The judgment in the **SAIL’s** case (supra) in fact is on the premise of prohibition notification issued under Section 10 (1) of the CLRA Act. 9. The Hon’ble Supreme Court also had an occasion to consider the dispute raised by the contract labour when there is no prohibition notification issued under section 10 (1) of the CLRA Act. In ## **International AIrpor Authority of India vs. International Cargo** **Union and others** [2009 (13) SCC 374], it is held as follows: - _“If the contract is found to be sham or nominal and merely a_ ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:8:-** _camouflage, then the so called contract labour will have to be treated as directe employees of the princple employer and he industrial adjudicator should direct the principal employer to regularise their services in the establishment subject to such conditions as it may specify for that purpose_ . _20. But shere there is no abolition of contract labour under section 10 of CLRA Act, but the contract labour contend that the contract between principal employer and contractor is sham and nominal, the remedy is purely under the ID Act. The principals in Gujarat Electicity Board continue to govern the issue. The remedy of the workmen is to approach the industrial adjudicator for an adjudication of their dispute that they are the direct employees of he principal employer and the agreement is sham, nominal and merely a camouflage, even when there is no order under section 10(1) of CLRA Act.” (emphasis supplied_ Thus, in the light of the judgment in _**International Air Port Authority India’s**_ case it is clear, when there is no notification under prohibition of section 10 (1) of CLRA Act, the remedy of the workmen is to approach the industrial adjudicator for dispute. 10. In **Gujarat Electricity Board** (supra) in categorical terms, it was held by the Hon'ble Supreme court in aforenoted paragraph 53 (2) as follows: “ _When such dispute is raised, the industrial adjudicator has to decide whether the contract is sham or genuine. It is only if the adjudicator comes to the conclusion that the contract is sham, that he will have jurisdiction to adjudicate the dispute.” (emphasis supplied)_ ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:9:-** 11. In the light of the above, I am of the view, the industrial adjudicator has to decide first, whether the contract is sham or genuine, and it is only then the industrial adjudicator will have jurisdiction to decide the dispute. Therefore, it is clear in the light of the proposition laid down in the **Gujarat Electricity Board** _**’s**_ case (supra), the dispute raised by the workmen will have the character of industrial dispute only on a finding by the industrial adjudicator that the contract is sham or camouflage. Merely because a dispute has been raised by a workmen itself, will not result it as an industrial dispute as characterised in the Industrial Disputes Act, 1947, unless it is found that contract is sham or camouflage. I have stated so, for the reasons that the learned counsel for the petitioner Sri.Thomas Abraham strenuously contended that in terms of section 33 (b) Industrial Disputes Act,1947 conditions of service shall remain unchanged during the proceedings before the conciliation and Industrial Adjudicator. It is also appropriate to refer Schdule V under the Industrial Dispute Act, 1947. Schedule V defines unfair labour practices; Clause 10 of Schedule V refers about the workmen employed as a “badlis”, casuals or temporaries, and their continuation with the employer to deprive them the status and privileges of permanent worker. It does not take in a workman who raised a dispute ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:10:-** under the contract labour. Therefore, scheme and provisions of the Industrial Dispute Act do not cover any such dispute being espoused as an industrial dispute within the meaning of Industrial Dispute Act in respect of contract labour, unless the industrial adjudicator enters into a finding that the contract is sham or camouflage. No doubt, the industrial adjudicator when declares the contract as sham, the dispute attains the status of industrial dispute as contemplated in the Industrial Disputes Act and workmen will be entitled for all protection as envisaged under section 33 of the Industrial Dispute Act. 12. Learned Assistant Solicitor General resisted the writ petition on the ground that ISRO and other units are discharging sovereign function and activity is being discharged by them do not come within the ambit of an industry. I am of the view that this court cannot decide this issue without reference to the factual situation. Therefore, this issue is left open. 13. Learned Assisant Solicitor General also contended that the remedy of the petitioner is to approach the Central Administrative Tribunal and not this court or Industrial Adjudictor. 14. Learned counsel Sri.Thomas Abraham, relying on a Full Bench decision of the Hon’ble Calcutta High Court in W.P. 21119 of 2011 and connected matters, argued that both courts and ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:11:-** Administrative Tribunal and the Industrial Adjudicator have jurisdiction to decide a question related to regularisation of contract labour. He also referred to a judgment of Karnataka High Court in W.P.9974 of 2006. 15. A Full Bench of Calcutta High Court decided the matter, on a reference on account of the conflicting views of two Division Benches. One of the Division Bench held that now the Central Administrative Tribunal alone has jurisdiction in the matter of regularization of contract labourers in the Railway Service. However, another Division Bench took the view that the Central Administrative Tribunal has no jurisdiction to entertain application filed on behalf of Railway contract labours, since the contract labourers cannot be considered as the employees of Railway. 16. The Full Bench after referring to some of the Hon’ble Supreme Court judgments answered the reference as follows: “We are of the opinion that when regularization /absorption and /or reinstatement /continuance I sought in the service of the Eastern Railway, the Central Administrative Tribunal will have the jurisdiction and as per provisions of section 28 of the Act of 1985, the matter can also be filed before the Industrial Tribunal or the Labour Court, as the case may be. Section 28 does not oust such jurisdiction of the Central Administrative Tribunal, it gives option to the workman to choose the forum. Thus, High Court will have no jurisdiction to adjudicate upon the merits of the case directing absorption/regularization or reinstatement/continuance in service of ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:12:-** such employees with respect to the affairs of the controversies as contemplated within the purview of the Act of 1985/ The cases have to be filed afresh before the Central Administrative Tribunal or Industrial Tribunal or Labour Court, at the option of the employees. The reference is accordingly answered.” 17. The Full Bench decision as above, is premised on Section 28 of the Administrative Tribunal Act (Act 1985), I am also of the view that in the light of the Section 28 of the Act of 1985, the contract labourer is free to agitate the claim either before Central Administrative Tribunal or before the Industrial Adjudicator. In fact Section 28 of the Central Administrative Tribunal Act saves the jurisdiction of the Industrial Tribunal and does not oust the jurisdiction of the Industrial Tribunal. It is appropriate to quote Sec. 28 of the Act 1985:. ## **Exclusion of jurisdiction of Courts except the Supreme** **Court** - On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any Service or persons appointed to any service or post, [no Court except]. (a) the Supreme Court; or (b) any industrial Tribunal, Labour Court or other authority constituted under the industrial Disputes Act, 1947 (14 of 1947) or any other corresponding law for the time being in force, shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:13:-** such recruitment or such service matters.” Therefore, the matters covered under Section 28, the Industrial Tribunal will have the jurisdiction. 19. The petitioner’s right therefore, for any relief during the pendency of the adjudication before the industrial Adjudicator would depend upon the decision by the Adjudicator as to the genuineness of the contract. If ultimately it is found that the contract is sham, certainly, the petitioner would be entitled for consideration for regularization in the employment of principal employer. The right of workmen is protected only when such exercise is completed by the Industrial Adjudicator or Central Administrative Tribunal as to the nature of contract. 20. A question incidentally also therefore, in the above background arises, whether a writ of mandamus can be issued on equitable consideration when there is no specific provision exists to protect the interest of workmen. The writ of mandamus is an extraordinary remedy to be exercised by this Court when the petitioners have right to relief, the respondents have duty to act and there are no other adequate remedy available to the petitioners. The Court cannot compel the respondents not to alter the service conditions, when they have no statutory obligations, even on sympathetical or equitable grounds. It is to be noted that the ## W.P.(C)Nos.14184 of 2015 & connected cases ## **-:14:-** petitioners' rights are incohate and yet to be crystalised. Therefore, this court cannot issue a writ of mandamus when there are no established rights. In the light of the above discussion, the petitioners are not entitled for any relief as prayed at the moment. Accordingly, the writ petitions are dismissed. No costs. **A.MUHAMED MUSTAQUE JUDGE** **jm/**