Shishir Kumar, J. - (1.) The present writ petition has been filed for quashing the Labour Court award dated 25,5.1998 passed in adjudication case No. 70 of 1997 (Annexure 12 to the writ petition).
(2.) The facts arising out of the writ petition are that the petitioner who is a Board constituted under Section 5 of the Electricity Supply Act, 1948. The board is to prepare and carry out schemes for transmission, distribution and generally for promoting the use of electricity within the state for improving the efficiency of the board has to engage contractor for running brandma machine, the contractor engage trade operators and there is no relationship of employer and employee between the said labourers engaged through contractor of U.P.S.E.B. One Vivek and Associates engaged for cash collection. Thus Vivek and Associates agreed to look after the control of the machine including supply of manpower. The respondent No. 2 was also engaged through contractor M/s Vivek and Associates. The respondent No. 2 has raised the dispute before the Labour Court that he is an employee of petitioner was engaged for collecting cash from the customers and has worked from 13.6.1995 to 31.8.1996 and after that the services have been terminated orally by the Board. It has been submitted on behalf of the petitioner that the written statement was filed on behalf of the petitioner and they have denied that there is any of employee and the employer between the petitioner and respondent No,. 2 The respondent No. 2 was never engaged by the board as a cashier. The respondent No. 2 may have been engaged through contractor therefore now in view of the well settled principle the contract labourers have got no right to claim regularization. It has further been submitted that the respondent No. 2 filed an application praying for summoning the records but in the application he could not proved anything to show that he is having any relationship with the Board as an employee. But the labour Court without considering all these aspects of the matter given an award in favour of the respondent No. 2 on 25.5,1998. Against the aforesaid order the petitioner has approached this Court.
(3.) The writ petition was entertained and a conditional order was passed by this Court on 18th January, 1999.;