Surinder Gupta, J. - (1.) BY this judgment we propose to dispose of a bunch of 17 above captioned Letter Patent Appeals as these are directed against a common judgment dated 28.02.2013 passed by learned Single Judge dismissing the writ petitions filed by appellants. The appellants sought regularization of their services in view of the policy decision dated 18.3.2011 issued by the Punjab State. They were engaged by Service Provider and their services were put at the disposal of the Office of Deputy Commissioner in various Districts of Punjab and Department of Excise & Taxation, Punjab. The learned Single Judge on consideration of the question as to whether the employees engaged by Service Provider would be covered by the State policy dated 18.3.2011 has declined the relief sought by the appellants after holding that there exists no relationship of employer and employees between the Government Departments and the appellants.
(2.) FOR convenience sake, the facts of the appellants relating to Revenue Department, Punjab are being taken from CWP No. 18619 of 2011 titled as 'Nishan Singh & others v. State of Punjab' (LPA No. 469 of 2013). The case of the appellants in this case is that they were engaged in the year 2006 to serve on different posts like Clerks, Stenographers, Drivers, Peons and Sweepers etc. by the Service Provider against the posts sanctioned by the Punjab Government in the newly created Districts of Tarn Taran, Barnala, Mohali. The work and conduct of the appellants was statedly satisfactory and they also got appreciation letters. They were treated to be employees of the Department of Revenue and worked against the sanctioned posts. The concerned Deputy Commissioners recommended regularization of their services to the Financial Commissioner -cum -Principal Secretary to Govt. of Punjab, Department of Revenue. The appellants fulfilled all requisite educational qualifications and have gained experience during the period they have been serving under the Revenue Department of the State. On 12.12.2008, a decision was taken under the meeting convened by the Chief Secretary to Govt. of Punjab and recommendations were made that employees appointed through Service Providers may be regularised. The 'Service Provider employees' also submitted a representation to the Chief Minister, Punjab, Chief Secretary, Financial Commissioner and Deputy Commissioner concerned for regularization of their services and for grant of regular pay scales. The Government of Punjab took one time policy decision dated 18.03.2011 for regularisation of the services of the employees who have completed three years service. This policy covered the daily wagers, work -charged, contractual employees working on permanent posts appointed after fulfilling eligibility criteria as per procedure. The Education Department, Punjab took a conscious decision that the Computer Teachers 'appointed through Outsources' who had completed 2= years service be regularized. The appellants who are also covered under the policy have not been provided the benefit of regularization of their service and discriminated. The Subordinate Services Selection Board, Punjab -respondent No. 3 vide advertisement dated 28.07.2011 called for applications to fill up various vacancies in the Revenue Department. This action of the Government of Punjab has been assailed with the plea that the regular posts in the Revenue Department cannot be filled up without considering the claim of the appellants under the policy of the Government of Punjab dated 18.03.2011. In view of the orders dated 16.08.2011 passed in CWP No. 14866 of 2011, the appellants served the Government of Punjab with a legal notice dated 18.08.2011 seeking regularization of their services as per the policy decision dated 18.03.2011 (Annexure P -9) and to remove discrimination but finding no positive response that the writ petition was filed.
(3.) IN reply to the writ petition, the respondents took the plea that the appellants were not entitled to the benefit under of policy decision dated 18.03.2011 as there was no relationship of employer and employee between the parties. After calling the tenders, the contracts were awarded to the Service Providers being the lowest tenderers for providing the manpower to the office of Deputy Commissioners. The payments were made to the Service Provider, who had been supplying the manpower. There is no direct or indirect contract between the appellants and the Deputy Commissioners. It was the Service Provider who was having overall control and supervision over the manpower being supplied by him. The make -shift arrangement was made due to creation of new Revenue Districts and the posts to be sanctioned in due course of time were to be filled up through open competition. The recommendations made by the Deputy Commissioners for regularization of the services of the appellants and also the recommendations of the Chief Secretary were not approved by the Government. Regarding the plea of absorption of Computer Teachers as regular employee in the Education Department, the respondent has explained that they were appointed on contract basis by Society called Punjab ICT Education Society floated by the Department itself which was under the control of Education Department, Punjab. There is no discrimination with the appellants on this account.;