AAI Is An Extended Hand Of GOI; No Backdoor Entries Can Be Permitted While Absorbing Workers: Rajasthan High Court

A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Hari Shankar Sharma & Ors. vs UOI & Ors. has held that AAI is an extended hand of the Government of India, thus no backdoor entries can be permitted while absorbing and regularizing workers in the same.

Background Facts

The Petitioners were terminated from service by Airports Authority of India (Respondent). The Petitioners were rendering services of day-to-day maintenance like cleaning and gardening to the Respondent. The Petitioners were employed through a contractor/placement agency. However, it was contended by the Petitioners that during the period of service, the Respondents exercised administrative control over the work of the Petitioners. It was further contended that the Respondents counter-signed the majority of documents regarding the administration of work of the Petitioner. Thus, a vested right of employment accrued in favour of the Petitioners. The Petitioners further contended that it is the fundamental duty of the court to give shape to the long, regular and sustained work undertaken by the Petitioners. Further, the courts must pierce the veil and recognize the employer-employee relationship that existed between the Petitioners and the Respondents on account of their work. Thus, the Petitioners filed the aforesaid Civil Writ Petition praying for reinstatement and regularisation.

On the other hand, it was contended by the Respondent that there is absence of employer-employee relationship between the Petitioners and the Respondents. The Petitioners have failed to place on record any appointment letter issued by the Respondent in their favour. Further, the Petitioner have no locus standi to file the present petition as they were merely third parties to the contract which was entered between the Respondents and the concerned contractor/placement agency

Findings of the Court

The court observed the Petitioners failed to place on record any appointment letter issued in their favour. Further, the Petitioners were merely third parties and aliens to the contract which was primarily entered into between the Airport Authority of India and the concerned placement agency/contractor.

The court further relied on the judgment of K.K. Suresh and Anr. vs. Food Corporation of India where it was held by the Supreme Court that contractual engagement does not create a vested right of employment in favour of the workers, engaged through a placement agency.

The court further relied on the judgment of Ganesh Digamber Jhambhrundkar and Ors. vs. State of Maharashtra and Ors which was rendered by the Supreme Court in furtherance of the settled position of the law regarding the negative scope of regularization of contractual employees. The Supreme Court in the aforesaid judgment clearly held that the fact of contractual employees rendering their services for a long time shall not create a vested right of employment in their favour

The court further observed that

“the respondent-Airport Authority of India is an extended hand of the Government of India and therefore, whilst absorbing and regularizing workers, no backdoor entries can be permitted. Rather, a due selection process in the public domain by way of an advertisement ought to be carried, in light of Article 14 of the Constitution of India”

With the aforesaid observations, the Civil Writ Petition was dismissed.

Case No.- Civil Writ Petition No. 4586/1999

Case Name- Hari Shankar Sharma & Ors. vs UOI & Ors

Counsel for the Petitioner- Mr. Arvind Gupta with Mr. Sohan Sharma

Counsel for the Respondent- Mr. C.S. Sinha with Ms. Kanika Wadhwani for Mr. R.D. Rastogi, ASG & Mr. Krishna Verma for Airport Authority of India

Click Here To Read/Download Order