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Judgment
Petitioner No.1-Union and other petitioners are aggrieved by outsourcing of house-keeping service through fourth respondent. Petitioners represent
erstwhile contractor-M/s. Sudarshan Facilities Private Ltd., who had been providing house-keeping service to respondent-Hospital for the last many
years.
Petitioners’ counsel places reliance upon decision in Anil Lamba & Ors. v. Govt. of NCT & Ors., 238 (2017) DLT 760 to submit that one set
of contractual employees cannot be replaced by another set of contractual employees. He further submits that there is no response to petitioners’
Representation of 10th May, 2018 (Annexure P-3) made to the Medical Superintendent of respondent-Hospital and another Representation of 14th
May, 2018 (Annexure P-4) made to respondent-Director, General Health Services.
In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with permission to petitioner No.1-Union to make a
fresh concise Representation to respondent-Hospital within a week from today, to seek the relief as sought in this petition. If such a Representation is
received by respondent-Hospital, then it be considered in light of decision in Anil Lamba (supra) within a period of four weeks by passing a speaking
order thereon and its fate be conveyed to petitioner No.1-Union within a week thereafter, so that petitioners may avail of the remedies as available in
law, if need be.
With aforesaid directions, this petition and the application are disposed of. Copy of this order be given dasti to counsels for petitioners as well as
respondent-Hospital.