- (1.) The present intra-court appeal arises from the judgment and order of the learned Single Judge dated 26.07.2018 by which the appellants writ petition seeking quashing of the order dated 08.07.2013 and relief of regularization in service of the Greater Noida Industrial Development Authority ('GNOIDA' in short), has been rejected.
(2.) At the stage of admission of the present appeal, the following questions were formulated by order dated 28.08.2018: "(1) Whether appellant-petitioners are deemed to be contractual employees of the Greater Noida Industrial Development Authority in view of the fact that they are in employment of it from the period more than a decade irrespective of the fact that their Service Provider was changed ? (2) Whether continuance of the appellants-workmen on daily rate basis/contractual basis through Service Providers, with their change time to time amount to an unfair labour practices as per Clause x of the Schedule V of the Industrial Disputes Act, 1947 ? (3) Whether under U.P. Industrial Development Authority Centralized Service Rules, 2018, the Chief Executive Officer of the respondent authority is empowered to make regularization of the services of the appellant-petitioners "
(3.) Briefly, the petitioners-appellants (who are 27 in number), claim they had been engaged by GNOIDA through various placement agencies to work on different posts, inter alia:- Draughtsman Grade-II, Architectural Assistant, Assistant Grade-II, Supervisor, Water Tester/Supervisor, Programmer Grade-II, Accountant Grade-II, Personal Assistant, Manager -II/Management Training, Manager-I(Planning). The date of engagement of different petitioners ranges from November 1993 to February 2011. However, all petitioners-appellants claim to be continuously engaged from the date of their first joining though, the placement agency through whom they were engaged by GNOIDA have changed over the years. As to the nature of work performed by them, it was further claimed to be permanent in nature. In such facts, the present petitioners-appellants had earlier filed Writ A No. 61127 of 2012 (Ashok Kumar and Ors. Vs. State of U.P. and Ors.). It was disposed of vide order dated 26.11.2012 directing the Chief Executive Officer of GNOIDA to take a proper decision on the representation made by the petitioners-appellants to claim regularization in service of GNOIDA;