2025:HHC:2651 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.693 of 2025 Date of Decision: 09.01.2025 _____________________________________________________________________ M/s Shimla Cleanways ……...Petitioners Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Rajesh Kashyap, Advocate. For the respondents: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioners herein are aggrieved by communication dated 04.01.2025 issued by Medical Superintendent, Indira Gandhi Medical College and Hospital, Shimla, thereby calling upon petitioners to ensure the discontinuation of the stop-gap arrangement of man-power (132 outsourced workers). 2. Precisely, the grouse of the petitioners, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioners, is that though 132 outsourced workers, as referred in communication hereinabove, have been disengaged on account of cancellation of contract awarded in favour of petitioners, but since other outsourced workers, who at present are working under different contracts, are 2025:HHC:2651 raising protest, coupled with the fact that petitioners have no control over the union, respondents cannot put unnecessary pressure upon the petitioners herein to stop entry of such workers, whose services stand disengaged on account of cancellation of contract inter se petitioners and respondents. 3. Having perused material adduced on record, this Court finds that petitioners herein have been awarded different contracts to engage man-power on outsource basis at IGMC, Shimla. Under one contract 132 outsource workers were working, but their services subsequently came to be disengaged on account of cancellation of contract. After disengagement of afore 132 outsource workers, other outsource workers, working under different contracts started raising protest. In afore background, communication dated 04.01.2025 came to be issued to the petitioners herein to ensure discontinuation of stop gap arrangement of manpower i.e. 132 outsource workers, who otherwise as per petitioners stand disengaged. It has been submitted on behalf of the petitioners that it is not under the control of the petitioners to stop entry of aforesaid disengaged workers because after cancellation of contract, petitioners have no control of any kind over them, rather they are required to be controlled by the respondents. It also came to be submitted on behalf of the petitioners that since respondents are contemplating to engage 132 workers again on outsource basis, may be through fresh tender, persons already 2 2025:HHC:2651 working under prior contract can be permitted to work till execution of fresh agreement. 4. Having regard to the nature of dispute and its possible effect upon smooth functioning of the hospital, as detailed hereinabove, this Court specifically called upon learned Additional Advocate General to cause presence of Principal and Medical Superintendent of College and Hospital. Ms. Sita Thakur, Principal and Mr. Praveen S.Bhatia, who is officiating M.S., IGH, have come present. While fairly admitting that pursuant to cancellation of contract, services of 132 outsource workers stand disengaged, afore officers state that despite there being cancellation of contract, 132 outsource workers, as detailed hereinabove, in communication dated 04.01.2025, are causing undue obstruction in day-to-day working of the hospital and as such, petitioners herein, under whom, these persons were working have been called upon to ensure that such persons do not come to the hospital. 5. Afore Officers present in Court, after having taken note of submissions made by learned Senior Counsel representing the petitioner that petitioners have no control over disengaged persons, fairly state that instead of calling upon the petitioners herein to stop entry of disengaged workers, they would take assistance of the police, if required. Besides above, afore officers, while admitting that fresh 3 2025:HHC:2651 tender has been floated for the engagement of 132 outsource workers, further states that petitioners herein may also participate in tender. 6. Consequently in view of the aforesaid statement made by the Officers present in Court, nothing remains to be adjudicated in the instant proceedings and as such, same is disposed of with a direction that though the Hospital Administration shall be at liberty to take action against the 132 outsource workers, but the petitioners, who have no concern with them, shall not be involved/pressurized. However, the petitioners shall be responsible for controlling other outsource workers working under them. Before parting, this Court hopes and trusts that the respondent/State shall take necessary steps to resolve the issue keeping in view interest of workers as well as of public at large. Needless to say, the Court has not adjudicated petitioners' claim regarding any pending payments, for which petitioners may exhaust available remedies in accordance with law. Pending applications, if any, stands disposed of. January 09, 2025 (Sandeep Sharma), (sunil) Judge 4