Case Note & Summary
The case involves an appeal by the Rajasthan State Road Development and Construction Corporation Ltd. against an interim order of the Rajasthan High Court. The respondent, Piyush Kant Sharma, was appointed as a Computer Operator on a contractual basis through a contractor, M/s Sahara Supreme Security Service. He filed a writ petition seeking regular pay scale and regularization, claiming he had served the Corporation for three years. The Corporation contended that there was no employer-employee relationship and no sanctioned post of Computer Operator. During the pendency of the writ petition, the Corporation issued a new e-tender and awarded a contract to M/s Rakshak Security (P) Ltd. for providing Computer Operators. The High Court, by an interim order dated 23.09.2019, restrained the Corporation from appointing new contractual employees in place of the writ petitioner. The Supreme Court found that the High Court passed the interim order without assigning any reasons and without considering the Corporation's submissions regarding the absence of an employer-employee relationship and sanctioned posts. The Supreme Court allowed the appeal, quashed the interim order, and directed that the writ petition be decided on merits without being influenced by the interim order.
Headnote
A) Service Law - Interim Order - Restraining Appointment - The High Court passed an interim order restraining the appellant Corporation from appointing new contractual employees in place of the writ petitioner without assigning any reasons and without considering that the writ petitioner was a contractor's employee with no employer-employee relationship with the Corporation - The Supreme Court held that such an interim order was erroneous and quashed it - (Paras 6-7).
Issue of Consideration
Whether the High Court was justified in passing an interim order restraining the appellant Corporation from appointing new contractual employees in place of the writ petitioner without assigning reasons and without considering the absence of employer-employee relationship.
Final Decision
The Supreme Court allowed the appeal, quashed and set aside the impugned interim order dated 23.09.2019 passed by the High Court in S.B. Civil Writ Petition No. 1924 of 2019. No costs.
Law Points
- Interim orders must be reasoned
- No interim relief without prima facie case
- Employer-employee relationship must be established for regularization
