- (1.) This civil revision under Article 227 of the Constitution of India is directed against the order dated 27.10.2006 passed by the learned Additional Civil Judge (Sr. Division), Panipat dismissing the application of the petitioner for treating the issue of jurisdiction as preliminary issue.
(2.) The plaintiff respondent Sanjay Kumar has filed a suit for declaration claiming therein that he was appointed as Pharmacist in the Indian Oil Corporation w.e.f. 8.6.1998 at a fixed salary. However, no appointment letter was issued to the plaintiff. It was claimed that Management, Indian Oil Corporation has employed some staff for running First-Aid Centre at Panipat Refinery Project on regular basis in the regular pay scales, whereas the plaintiff respondent was appointed at a fixed salary and thus, principle of equal pay and equal work was violated. The plaintiff also claimed that he is working as Pharmacist since 8.6.1998 but has not been granted regular pay scale. It was further claimed that he was entitled to be absorbed in service after 240 days continuous service. The basic contention of plaintiff respondent was that the principal employee of the plaintiff respondent was Indian Oil Corporation as the First-Aid Centre where he is working was financed by the Corporation and is situated within the premises of Indian Oil Corporation. The Corporation has introduced the contractor Dr. Prem of M/s Lala Har Bhagwan Dass Memorial Hospital only with a view to defeat the right of plaintiff for regularization of services. On the above mentioned allegations the plaintiff sought decree for declaration that he was entitled to be brought on regular establishment on completion of 240 days continuous service or in the alternative he may be granted regular pay scale on the basis of equal pay and equal work.
(3.) In the written statement allegations made in the plaint were controverted and it was claimed that the plaintiff respondent is not an employee of the Indian Oil Corporation.;