JASWANT SINGH,J. - (1.) The appellants, four (4) in number, have filed the present appeal, being aggrieved against the order dated 06.01.2021 passed by learned Single Judge, who has disposed of the writ petition with a liberty to the writ petitioners to avail their alternative remedy of applying for a reference under the Industrial Disputes Act 1947.
(2.) Learned counsel for the appellants has argued that the appellants were working as Data Entry Operators in the office of Haryana Shehari Vikas Pradhiaran (for short 'HSVP') since 2018 and 2019 and their services have been wrongly dispensed with by ignoring the principle of "Last come first go" as a few of their juniors are still working in the department. Reliance in this regard has been placed upon the judgments passed by a Division Bench of this Court in LPA No. 170 of 2010 titled as "Indian Hardware Industries Vs Presiding Officers" as also passed in CWP No. 15454 of 2012 titled as "Farzand Ali Vs State of Punjab". 2.1. It is further argued that learned Single Judge has wrongly relegated them under the Industrial Disputes Act, 1947 as they do not come within the definition of "workmen". Reliance in this regard has been placed upon the judgment passed by Hon'ble Supreme Court in Civil Appeal No. 6565 of 1997 titled as "MGT Som Vihar Apt. Owerns' Housing and Maintenance Society Ltd Vs Workmen C/o Indian Engg. Genl. Mazdoor", 2002(9) SCC 652, whereby it has been held that housing sectors are not covered under the Industrial Disputes Act.
(3.) We have heard learned counsel for the appellants at length and have also scrutinized the paper book. According to us following two issues arise for our consideration: 1. WHETHER ORDER PASSED BY LD. SINGLE JUDGE RELEGATING THEM TO ALTERNATIVE REMEDY UNDER INDUSTRIAL DISPUTE ACT, 1947 WAS CORRECT? 2. RIGHT OF CONTRACTUAL EMPLOYEES LIKE APPELLANTS TO SEEK CONTINUATION OFTHEIR SERVICES: ISSUE No. 1. ;