IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12468 of 2009 Sri Vivekanand Jha, son of late Ramakant Jha, At + PO – Manopur, P S – Bhagwanpur, District – Begusarai, Bihar – 851 111 -Petitioner Versus 1 National Building Construction, a company registered under the Companies Act, 1956 having its registered office at NBCC Bhawan, Lodi Road, New Delhi – 110 003 through its Chairman – cum – Managing Director 2 The Project Manager, National Building Construction Corporation, Camp – Barh, NTPC Project, PO – Barh, District – Patna, Bihar 3 RBG Head (Infra) NBCC Ltd, Pragati Vihar, New Delhi – 110 003 4 General Manager (P/IR) Head Office NBCC Ltd, NBCC Bhawan, Lodi Road, New Delhi – 110 003 -Respondents ----------- 3 06.10.2009 The petitioner was employed on contract as Safety Officer by a Sub Contractor, National Building Construction Corporation Limited of the National Thermal Power Corporation Limited Project at Barh in Patna district. There was an accident. The Sub Contractor that is National Building Construction Corporation Limited terminated the contract of the petitioner as a Safety Officer being aggrieved by which the writ petition has been filed. On behalf of petitioner, it is submitted that the accident took place in the shift prior to petitioner’s shift and, as such, petitioner could not be made responsible. I am not impressed. Petitioner was a Safety Officer who has to set up safety standards all over and not merely when he is physically present. He is not an employee or a workman simpliciter. Employment is purely contractual and there being a total loss of confidence, the termination cannot be interfered with. The writ petition, thus, merits no consideration. It is dismissed accordingly. M.E.H./ (Navaniti Prasad Singh) 2