9911796707
TMI Blog2015 (6) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, that will in no manner satisfy desire of the petitioner respondent to curtail expenses. On the other hand, removal of the respondent original applicants who are in service of the petitioners from several years shall be quite arbitrary as they will be thrown out of employment without any wrong on their part. The position would have been different if the petitioner would have been going to have regular recruitment against the posts occupied by the original applicants but that is not the case of the petitioner. The petitioner want to remove the original applicants from service just to have labour through contractor with a view to reduce expenditure but that object, as already stated, cannot be served as the applicants too are working o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larisation in service was not pressed. Learned Central Administrative Tribunal by judgments impugned restrained the petitioner respondent from removing the respondent original applicants from service by other substituted employee under any guise and cover. Being aggrieved by the same these petitions for writ are preferred by the Department of Income Tax. 3. It is stated by learned counsel for the petitioners that the Government of India under an office memorandum dated 23rd November, 2005 (F.No.7(2)/ E-Coord/ 2005) decided to introduce certain measures relating to budget/expenditure management. The office memorandum aforesaid stresses the need for avoiding ostentatious expenditure in operating expenses for maintenance of buildings and of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid Hon'ble M.P. High Court while relying upon an earlier judgment given in the case of Laxmi Prasad Dubey Ors. v. Union of India Ors., decided on 11.2.2013 (WP No.22083/2012) dismissed the writ petitions preferred by the casual labourers working with Income Tax Department claiming regularisation in service. According to learned counsel for the department of Income Tax the tribunal failed to appreciate that the mode of employing/utilising services through service providers is a valid mode as per Rule 178 of the General Finance Rules. 4. While opposing the petitions for writ it is submitted by Shri J.K.Kaushik appearing on behalf of the employees original applicants that no claim has been made by casual labourers for regularisatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no case put any extra economic burden upon the employer. The persons who shall be employed through service providers shall also be entitled for same remuneration and the service provider too shall claim its commission, therefore, that will in no manner satisfy desire of the petitioner respondent to curtail expenses. On the other hand, removal of the respondent original applicants who are in service of the petitioners from several years shall be quite arbitrary as they will be thrown out of employment without any wrong on their part. The position would have been different if the petitioner would have been going to have regular recruitment against the posts occupied by the original applicants but that is not the case of the petitioner. The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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