- (1.)Delay condoned. Leave granted.
(2.)The Division Bench of Orissa High Court, Cuttack by its impugned judgment dated 17th September, 2012 in O.J.C. No.7464 of 2000 allowed the writ petition preferred by respondents and directing the appellant to enforce notification dated 28th April, 2000 issued by the State Government for abolition of the Contract Labour in respect of workers engaged in DAP Plant-cleaning of Granulation, dry section, cleaning in combustion chamber, etc. The Division Bench further directed the appellant to regularize the workers engaged in the DAP plant.
The aforesaid judgment was challenged by the appellant by filing a review petition. The same was heard and disposed of vide impugned order dated 20th December, 2012 by which the judgment dated 17th September,2012 was modified to the extent that not all the workers engaged in DAP Plant but those who were engaged in cleaning of Granulation, dry section, cleaning in combustion chamber, were directed to be regularized. The aforesaid judgment and order passed in writ petition and review petition are under challenge in these appeals.

(3.)The factual matrix of the case is as follows:
A writ petition being O.J.C. No. 7464 of 2000 was filed by the respondents-Paradeep Phosphates Mazdoor Union and others (hereinafter referred to as the "Trade Union") seeking enforcement of Notification dated 28th April, 2000 issued by the State Government abolishing contract labour in respect of workers in DAP Plant-cleaning of Granulation, dry section, cleaning in combustion chamber, etc. The respondents contended that the workers named therein were working in the DAP plant of the appellant- M/s Paradeep Phosphate Ltd. (hereinafter referred to as the "Company") for over 14 years uninterruptedly without any break in service.

They had been engaged through contractors appointed for the purpose from time to time The contractors were changed but the employees were continuing their work irrespective of change of contractors. In the meantime, those workers completed 15 years of service in the particular establishment. It was submitted that, the Trade Union took up the matter considering the fate of such persons and several other workers engaged in different establishments of the Company for prohibition of contract referring different establishments of the Company and for regularization of such employees in terms of Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970. After much deliberation and in active participation of the Company, decision has been taken by the State Advisory Contract Labour Board in its 21st meeting dated 3rd June, 1999 and 10th June, 1999 for prohibiting contract labour system in 16 areas of the Company and the same was accordingly recommended by the State Advisory Board.