/^•\ ,'•/.- IN THE fflGH COURT OF JUDICATURE OF .CHHATTISGARH AT BILASPUR W.P.NO. OF 2003 ^ ^sS WRIT PETITIONUNDERARTICLE 226 OF THE CONSTITION OF INDIA PETITIONER / !••.<.€•.••; ^w^^ •• .-«'\ i0:^ ' <^ '^' . ^'<^;y ^'^^•" SmV CHARAN, S/o. LATE PACHKOURI LAL SUNKAR (SCHEDULED CASTE), AGED ABOUT 40 YEARS, R/o. DAYALBAND, NEAR SITARAM MANDIR, BILASPUR TAHSIL AND DISTRICT BILASPUR(C.G.) AT PRESENT COMPANY OWNED COMPANY OPERATED RETAIL OUTLET (COCO) SARANGARH, TAHSIL SARANGARH, DISTRICT RAIGARH (C.G.), ...^«»> .i-f'.^S-S?;^'1 VERSUS RESPONDENT '°:,%-" ^" INDIAN OIL CORPORATION LIMITED, ACTING THROUGH SENIOR DIVISIONAL MANAGER "INDIANOIL BHAVAN" RAJIV GANDffl MARG (VIP ROAD) P.0. RAVIGRAM, TELIBANDRA., RAIPUR (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/WRITS. DIRECTIQN/DIRECTIONS AND/OR ORDER/ORDERS p.^ •R— HIGH COURT CT8 JUDICATURE AT BILASPUR. CHHATTISGARH Writ Petitfon No.3056 of 2003 Shw Charan - Versus - Indian Oil Corporation Limited POST FOR ORDER ON 8 JULY. 200 Sd/- L.C.BHADOO Judge 7.7.2005 r1SS!^B • ^ I. "ft^^ HIGH COURT OF JUDICATURE AT BILASPUR. CHHATTISGARH Writ Petition No.30^ of 2003 Shiv Charan - Versus - Indian 011 Corporation Limited' Present: - Mr. K.A. Ansari, Senior Advocate with Mr.VipinSingh, Advocate: Mr. Bhishma Kinger, Advocate: For the petitioner. For the respondent. ORDER (Passed on 8ttl July, M05) L.C. BHADOO. J. 1. By fliis writ peUUon under Article 226 of the Constitutton of India, fte petiUoner has questioned the correctness and propri^y of the show cause notice dated 25-8-2003 (Annexure P-24), whweby the petitioner was informed that his job is not being renewed with effect from 24-9-2003. 2. The case of the pstitioner is that the respondent established a COCO retait outlet at Sarangarh and decided to give the same to a job contractor belonging to Scheduled Caste. The petitioner being eligibte for the same as he had worked in Pachkouri Highway Service Station, a Bharat Pdroleum CorporaUon petrol pump, and was an employee in the sate) petrol (Mimp from 24-6-1985 to 30-6-2000 submitted his application (Annexure P-3) on 16-9-2002 Uirough the Bilaspur OfRce. A(Mirt from the pelationer certam other candidates were also interviewed at Raipur on 17*^ & 18* September, 2002, and after finding the petiUoner suitable a letter dated 23-9-2002 was given to the petitioner appointing him as a Job Contractor for running the said COCO petrol pump at Sarangarh as a labour confractor on temporary basis Ull the appointment of a regular dealer by the Indian Oil Corporrtion Limited. It was further made clear that the appointment will subsist till the appointment of a dealer, strictly as per the sale perfonnance achieved by the petifloner against the target given by ttie responderrt. On Uie basis of the said appointment letter the petitioner obtained licence from the Collector, Raigarh. The petitioner atso got csrtiflcates from the Weights & \ /\ '•- Page 2 of 4 Measurements Department. He also filled certain forms supplled by the respondent. 3. There are two tdnds of petrol pumps, one is COOO Jubilee Retait outlet which consists of 6-8 pump machines, whereas ttie Sarangarh COCO retail outlet has only two machlnes one for petrol and pne for diesel. The targets of COCO Jubilee retail ouU^ are very high, i.e. 24 KLS of petro!, 300 KLS of HSD and 3.5 KLS of Lubes, which were located generaBy on fte national highways. The respondent obtained signature ofthe petitioner on the fwms which were meant for COCO Jubitee Retail OutQett. The Explosh/e Department given lieence to the petitfoner on 22-7-2002, thereaftor, th® petitioner got elecfric connertion from the M.P. Electricity Board. The retaU outlet started ftjnctioning in the month of November, 2002. Job contract of 40 KLS has been fixed and the pefitioner sold 48 KLS of HSD in Novemtor, 2002; 84 KLS in December, 2002; 60 KLS in January, 2003; 72 KLS in February, 2003; 48 KLS in March, 2003; 66 KLS in April, 2003; 75 KLS in May, 2003; 102 KLS in June, 2033; 96 KLS in July, 2003; and 33 KLS in August, 2003, whereas the respondent gave permission for selllng petrol in the month ofApril, 2003 only. 4. The Officere of the respondent Company also inspected and checked the quality of oit products and even the Offlcers visited in intervats. To surprise of the petitioner he receh/ed a letter dated 24-3-2003 from the respondent and it was alleged ttiat the sale of HSD from Ihe outlet Is golng down after December, 2002, which was not correct. Therefore, the petiUoner filed reply of the same. The petitioner again received a letter dated 29-3-2003 which is also a similar type of tetter. On 8-8-2003 agam fte petffioner recewed a letter from the respondent in which it was menConed that the minimum target of sate of MS is 24 KLS, HSD is 300 KLS md lubricant is 3.5 KLS per month, and the average sale of the petitioner's outlet is betow the commitment given by the petitioner. TTie petiBoner r^}lied all the letters, however, the respondent gave the tetter/show cause notice in question and deckled not to renew the job conh'act for operating COCO- Sarangsn'h with effect from 24-9-2003. Therefore, ttie respondent be directed not to gwe dfect to the show cause nottee. 5. Retum has been filed on behatf of fte respondent in which it tas been mentioned that fte petitioner was appointed as job contractor on 23-9-2002. The petition is misconcewed and untenable in law. As per the marketing a ,1^ tl/f '. Page 3 of 4 plan the said retall outlet is of Scheduted Caste rategory on regular basis, but as a COCO tt fe open category. However, it was non-jubitee. The documenls are common for both, jubilee as well as non-jubilee and is ahvays a temporary arrangement. As per the agreement Annexure P-8 the petitioner agreed, but he failed to achieve the targets. The performanGe of the petitioner was not safisfactory. The pettionsr could not achieve the targets, therefore, noUces Annexure P-20, P-21 & P-22 were sent, as such, the petition be dismissed. 6. I have heard teamed counsel for the parties. 7. Having heard learned counsel for the parties, 1 have perused ttie record. !t is admitted position that the petrol pump in question was given to the petitioner on job contract basis based on the agreement Annexure P-8 entered into between the parti^. Letter dated 23-9-2002 (Annexure P-4) envisages that COCO petrol pump was given to the pefflioner as a labour contractor on temporary basis tNI the appointment of a regular dealer by ttie Company and hls eontinuance as job contractor till the appointment of regular dealer will be based strictly as per the sale performance achieved by the petitioner and targets glven to the pettttoner. tt was mentfoned in the last para of Annexure P-4 that on violaUon of the terms and conditons, the offer stands rejected. 8. It is also admitted posiUon that COCO petrol pump in questionat Sarangarh has been decided to be alkrtted to a person namely Dayaram Azad and he has been selected as a regular dealer. Based on the interview, ttie Indian Oil Corporation decided to aHot the satd petrol pump to Dayaram Azad. However, that selection was questioned in W.P.No.181/2004 and that writ petition has been being dlsposed of by a separate order. Even otherwis®, as per the show cause notice issued by the respondent the petitioner was not abte to achieve the targets. Since appointment letter dated 23-9-2002 envisages that the petrol pump in question was gwen to the peUtfoner on temporary basis till the appointment of regular dealer, and now, the regular dealer has already been selected, therefore, in view of this, the petitioner's petition is liable to be dismissed. Even otherwise, ttie p^rol pump in quesUon was ghren inltially for a period of one year and same was mentioned in clause 5 of the agreement Annexure P-8 with Uie condWon that it can be extended for one year more. --/^ ^ «<c Page4<rf4 9. Therefbre, on these grounds at In Uie first instance, the term has expired and secondly the petrol pump in question has been awarded to a regular allottee, fte instant writ petition Is liabto to be dismissed and it is accordingly, dismissed. However, ttiere is no order as to csaSs^-^ Sd/- L.C.BHADOO Judge ^'oma