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NON-REPORTABLE   

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1545 OF 2016

(Arising out of SLP ( C) NO. 35512 of 2011)

SUBHASH & ORS.  APPELLANTS                                          VERSUS

GURU TEG BAHADUR HOSPITAL GOVT.OF NCT DELHI & ORS.   RESPONDENTS    

WITH CIVIL APPEAL NO.1546 OF 2016

(Arising out of SLP ( C) NO. 830 of 2012)

J U D G M E N T KURIAN, 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.

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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.  

        .................J.   [KURIAN JOSEPH]

 ....................J.       [ROHINTON FALI NARIMAN]

NEW DELHI;  FEBRUARY 19, 2016

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