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TMI Blog1994 (8) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... ther these petitions can be entertained under Article 32 of the Constitution and a direction be issued to opposite parties to regularise their services and absorb them in the post of helpers in keeping with the guidelines and the criteria laid down by Justice Khalid Commission in pursuance of an order passed by this Court. 2. The petitioners are not members of any Union. They have approached this Court as individuals and claim that they have been working as contract labourers and performing the task of helpers, therefore, they are entitled to be regularised and paid the salary which is paid to a regular employee as the meagre amount that is being paid to them by their contractors is so low that it results in exploitation and is consequently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties to the writ petition as now contended for the Board. 3. Till now the petitioners were not on scene. Since the Court had observed that its earlier order by which the Commission was constituted applied to other similarly situated five trade unions workers of Tamil Nadu Electricity Board who had not got impleaded before the Commission till submission of the report intervened for impleadment. Their application was rejected by the Commission on 20th July 1991. The Commission observed, it cannot be that the interveners did not know that two new parties had got themselves impleaded before the Commission. It is impossible to accept the case that the interveners were in the dark about the scope of the Commission and about the day-to- day pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Unions consisted of workmen similarly situated. After rejecting the application the Commission proceeded to identify the helpers in the manner provided in its report and issued letters for holding interview on 23rd August 1991. Now some of the petitioners who till now were nowhere claim to have addressed individual letters requesting the Board to absorb them. It was in fact creating ground for further action as the petitioners having sent letters in August approached this Court by way of I.As. in the original S.L.P.(Civil) No. 1820 of 1990 by which the Commission was constituted which were rejected on 23rd September 1991 by the order extracted below : The applications are rejected. The rejection of these applications does not mean that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have approached the Commission by way of individual applications even if they were not sponsored by the Union. The claim of the petitioners that since the Commission was concerned only with those petitioners who had approached this Court by way of special leave petition, does not appear to be correct as the Commission in the report itself has mentioned that even others who had intervened and whose claim was found to be justified were permitted to intervene and were impleaded and the orders were passed in their favour as well. 5. Apart from this a perusal of the Khalid Commission Report would indicate that the Commission had observed that the rule by which certain qualifications were prescribed for helpers in 1986 was not justified as it wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nuance of the source of livelihood of the contract labour cannot by itself give rise to a right to regularisation in the employment of the principal employer. Whether the contract labourers have become the employees of the principal employer in course of time and whether the engagement and employment of labourers through a contractor is a mere camouflage and a smoke screen, as has been urged in this case, is a question of fact and has to be established by the contract labourers on the basis of the requisite material. It is not possible for High Court or this Court, while exercising writ jurisdiction or jurisdiction under Article 136 to decide such question, only on the basis of the affidavits. There is no whisper in the petitions if there w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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