Shimla, May 18
Himachal Pradesh High Court today dismissed an appeal of 108 ambulance firms against the labour court’s impugned order, which has directed the company to provide employment and pending dues to 2337 employees who were fired out from their service as the contract was handed over to another firm by the government. A division bench of justice Sabina and justice Satyan Vaidya ordered in the open Court here today that the petition is dismissed and upheld the order of the subordinate Court.
It is worth mentioning that the issue of the firing a number of employees of the 108 ambulance scheme being run by the state government by outsourcing the work to a private company was also raised in the state Assembly during the the last Budget Session. CPI(M) member Rakesh Singha said that despite the fact that the Court has issued orders, in the 108 Ambulance scheme state government is the principal employer, and it could not run away from the responsibility to continue their services as the state government trained these employees before inducting them in the GVK EMRI company. The government now handed over this work to other companies; therefore, it is the responsibility of the state government, being the principal employer, to provide them pending salaries and continue their services.
Health Minister Dr Rajiv Sehjal told in reply to the member that services of 2337 people were engaged in the National Ambulance Service – 108 TO GVK – EMRI company from 2013 onwards on different dates. He said now this work was handed over to the other firms by the State Government. GVK EMRI has challenged the court order in the High Court in which the department, as a respondent, has filed a reply to the High Court. The full and final settlement of dues of employees of the GVK EMRI is being done gradually for its 1000 employees, and the Gratuity of the employees is being paid. He said every employer, may it be contractors, companies or any public limited, is bound under the rule. The ambulance scheme is running under guidelines in which the State is not the principal employer. Quoting the order of the labour commissioner in this matter Minister said Court held that State did not fall under the norms of an employer.
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