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Subhash & Ors. Vs. Guru Teg Bahadur Hospital, Government of NCT Delhi & Ors.

[Civil Appeal No.1546 of 2016 arising out of SLP (C) No. 830 of 2012]

KURIAN, J.

1. Leave granted.

2. The appellants had been, according to them working as Class-IV employees under the respondent-Hospital during two spells. However, there is no record to show that they have been employed by the Hospital and have been paid directly by 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.

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

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