Supreme CourtDivision Bench(2016) 02 SC CK 0169

Subhash and Others vs Guru Teg Bahadur Hospital Govt. of NCT Delhi and Others

Supreme Court Of India · Decided on 19 February 2016 · Citation: (2016) AllSCR 2350 : (2016) 3 JT 5 : (2016) 12 SCC 429 : (2017) 1 SCCLS 421

HON’BLE JUDGES
Kurian Joseph and Rohinton Fali Nariman, JJ.
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 1545 of 2016 (Arising out of SLP (C) No. 35512 of 2011) and Civil Appeal No. 1546 of 2016 (Arising out of SLP (C) No. 830 of 2012)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 212 words

Kurian Joseph, J.—1. Leave granted.

2.

The Appellants had been, according to them working as Class-IV employees under the Respondent-Hospital during two spells. However, there is no record to show that they have been employed by the Hospital and have been paid directly by the Hospital.

3.

Learned Counsel for the Appellants submits that though it was a direct employment by the Hospital, in order to deny regularization, their wages were being paid through the Contractor. However, the learned Counsel for the Respondents submits that the Appellants have never been employed by the Hospital and being the employees of a Contractor, they were paid by the Contractor.

4.

Having heard the learned Counsel for both sides for some time, we do not think that this Court should address various contentious advanced before this Court.

5.

In our view, the interest of the Appellants can be protected and the cause of justice be also advanced in case a direction is issued to the Respondent-Hospital that in future if any Class-IV vacancy under the Respondent-Hospital is filled up, preference shall be given to the Appellants according to their inter-se seniority. Needless to say that the objection on age bar shall be ignored.

6.

The appeals are disposed of with no order as to costs.