Shabihul Hasnain, J. - (1.) Heard Sri O.P. Srivastava learned Counsel for the Petitioners and Sri Jyotindra Mishra, Senior Advocate assisted by Sri K.D. Nag for opposite party No. 2.
(2.) It has been informed by the Senior Advocate, Sri Jyotindra Mishra that this matter has been remitted back for reconsideration by an order of the Division Bench headed by the Chief Justice on 21.9.2010. The Hon'ble Division Bench has directed that a finding be returned whether the case of the Petitioners -Appellants is similar to that of one Chhedi Lal and whether the Petitioners -Appellants are entitled to the benefit of the order in the case of Jitendra Kumar, benefit of which was given to Chhedi Lal.
(3.) The argument raised by Sri O.P. Srivastava is that Chhedi Lal was also initially working at Furshatganj. The Petitioners were working along with him. Chhedi Lal filed a writ petition before this Hon'ble Court and got an interim order. The Petitioners also filed writ petition and got the similar order. Later on the interim order granted in the case of Chhedi Lal was vacated. While the Petitioners approached the labour court. In this regard he has annexed Annexure No. 8, record of the discussion held on 25.2.1998 as contained in page 25 of the writ petition, wherein it has been stated that the workmen are agreeable to their transfer to any other project throughout the country. He says that Chhedi Lal was given an appointment by the Indira Gandhi International Airport, New Delhi because he was a retrenched employee of Furshatganj Project and as a matter of policy declared by Sri Kapil Sibel in Lok Sabha Mr. Chhedi Lal was absorbed in Indira Gandhi International Airport, New Delhi.;