ANIL AND ORS. Vs. U.O.I. AND ORS.
LAWS(ALL)-2020-2-521
HIGH COURT OF ALLAHABAD
Decided on February 25,2020

Anil And Ors. Appellant
VERSUS
U.O.I. And Ors. Respondents

JUDGEMENT

SAURABH LAVANIA,J. - (1.) Heard learned counsel for the petitioner, Sri Suryabhan Pandey, learned A.S.G. of India assisted by Sri Varun Pandey, learned counsel for the respondent No. 1 and Sri Dhirendra Singh, learned counsel for the respondent Nos. 2 to 5.
(2.) The writ petitions have been filed for the following main reliefs, based on similar pleadings:- "(i) Issue a writ of Mandamus directing the Secretary of the concerned (i.e. Respondent No. 1) to settle the controversy of this Hon'ble Court may itself settle the same after taking the reply of the all concerned respondents. (ii) Issue a writ order or direction in the nature of Certiorari to kindly quash the order dated 23.12.2010 issued by the Assistant General Manager (IRL) regional Office, F.C.I. U.P., i.e. respondent No. 5 i.e. Annexure No. 1."
(3.) All the above noted writ petitions are similar and as such are being decided by this judgment. It is stated that the petitioners were engaged as contract labourers through contractor by the Food Corporation of India (in short "Corporation")/respondent Nos. 2 to 5 and they are entitled for regularization in view of the Circular issued by the Corporation dated 11.06.1991. It is also stated that after the Circular dated 11.06.1991 issued for the purposes of regularization of the contract labourers engaged by the Corporation, the competent Authority of Corporation concerned issued the Circular/order dated 23.12.2010. It was issued after the Notification dated 23.04.2010 issued by the Government of India, Ministry of Labour under the Contract Labour (Regulation and Abolition) Act, 1970. Earlier, the Circular dated 23.12.2010 was in issue before this Court by means of the Writ Petition No. 1010 (S/S) of 2012 (Bhartiya Khadya Nigam Mazdoor Union Thr.Its President v. Union Of India Thr.Its Secy.Min.For Labour and Employment &Ors), which was dismissed vide order dated 01.04.2013. The order dated 01.04.2013 on reproduction reads as under:- "Heard learned counsel for the parties. The petitioner has filed this writ petition with the prayer that petitioner's union and other similarly situated persons' case may be considered for regularization in accordance with the Head quarter Circular dated 11.6.1991 and the seniority list be prepared in pursuance to the said circular. ;


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