- (1.) C.M. Application No. 5681 (W) of 2000 moved by the opposite parties for recalling the ex-parte judgment dated 14.12.1999 passed by Hon'ble Bhanwar Singh, J. (as his Lordship then was) interalia on the ground that the opposite parties were not afforded any opportunity of hearing and the judgment was passed ex-parte and the correct facts could not be brought to the notice of the Court.
(2.) The present writ petition has been filed arraying the main opposite party, which was the appointing authority of the petitioners. The Union of India is only a profarma party. The opposite parties were informed suddenly about the judgment of this Court dated 14.12.1999 and when the enquiry was made from the counsel engaged, it was informed that the case was decided ex-parte and the then counsel could not appear before this Court as his name was not shown in the cause list. Against the said judgment Special Appeal No. 22 of 2000 was filed, which was decided on 2 1.02.2000 and was disposed of with the direction that the petitioners may move a recall application for recalling the ex-parte judgment. Thus, the opposite parties moved the present application for recalling the ex-parte judgment.
(3.) International Airport Authority of India indulged into upgradation work at Indira Gandhi Udyan Academy, Fursatganj, Raibareli through the Fursatganj Project. The said project was one time project which lasted for few months only. The petitioners were engaged on daily wages for few months only and were disengaged after completion of the project. The petitioners were never engaged after completion of the project. The first Writ Petition No. 2077 of 1988 was filed by the petitioners challenging their disengagement. The said writ petition was got not pressed on 6.9.1988 with the prayer to avail the alternative remedy as provided under the Industrial Disputes Act. The matter came to an end but Writ Petition No. 1174 of 1986 was filed before the Hon'ble Supreme Court and about 148 casual daily wage workers filed different petitions before the Hon'ble Supreme Court along with the aforesaid Writ Petition No. 1174 of 1986, Jitendra Kumar v. Union of India, claiming re-engagement alleging to have worked during construction of Indira Gandhi International Airport, New Delhi. On 6.9.1990, Writ Petition No. 1174 of 1986 and connected matters were allowed by the Apex Court vide judgment and order dated 6.9.1990 in terms of the statement given by the counsel for International Airport Authority of India/ Union of India. On the statement of learned Counsel for the opposite parties, 44 vacancies were notified (04 general + 40 reserved) in different categories. The Apex Court directed to fill up 44 vacancies by giving priority on the basis of length of service rendered as daily wage worker. While disposing of the writ petition, the relief was restricted only in respect of the petitioners before the Hon'ble Supreme Court. All the 148 petitioners, who were before the Hon'ble Supreme Court could not be absorbed due to limited (44) number of vacancies.;