- (1.) Heard Sri Ashok Khare, learned senior counsel assisted by Sri S.K. Mishra, learned counsel for the petitioners, Sri Ahok Mehta, learned Additional Solicitor General of India, assisted by Sri Rajesh Tripathi, learned counsel for the respondent nos. 1 to 3 and Sri Santosh Kumar Mishra, learned counsel for respondent nos. 4 to 6.
(2.) Sri Khare submits that after the notification dated 23.4.2010 issued by the Central Government in exercise of powers conferred under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970, the petitioners claimed for regularisation. They filed Writ - A No.34027 of 2013, Satish Kumar and 49 others Vs. Food Corporation of India and 3 others in which an interim order dated 19.6.2013 was passed as under: "Sri P.K.Singh learned counsel has received notice on behalf of Food Corporation of India. He prays for and is granted six weeks time to file counter affidavit. Rejoinder, if any, within ten days thereafter. List accordingly. From the record it appears that that respondents have constituted a Committee. A copy of the report of the Committee has been brought on the record as Annexure-9 to the writ petition. From the perusal of the report it appears that there are documents which indicate that 222 labours had worked. However, in the impugned order it is mentioned that no record is available. This reasoning given in the impugned order is contrary to the report of the Committee dated 19.11.2012. In view of the said fact the reason given in the impugned order does not appear to be prima facie correct. The petitioners are at liberty to file a representation within a week before the competent authority and if the work is available the petitioners shall be engaged on the same status on which they were working on the date when the impunged order was passed. Learned counsel for the petitioner has relied on the order of the Division Bench of this Court in PIL No. 57992 of 2013. The competent authority shall keep regard of the said order also."
(3.) In Public Interest Litigation (PIL) No.7992 of 2012, FCI Mazdoor Union & another Vs. Union of India & others Thru. Lab Sec & others an interim order was passed as under: "Mr. Aditya Pandey, learned Advocate, has appeared on behalf of respondent nos.1 and 2. The instructions placed before us be kept with the record. Strictly as an interim measure and without prejudice to the rights and contentions of the parties and subject to scrutiny, the Labourers, who are contractually appointed, will not be treated to be removed till further order/s to be passed by this Court. Passing of this order will in no way affect the authorities concerned to pass an order in compliance of the Division Bench order dated 08.12.2009 passed in Civil Misc. Writ Petition No.64808 of 2009 (F.C.I. Mazdoor Union, U.P. Lucknow and another Vs, Union of India and others). The benefits, if any, to be given to the petitioners, will be considered by the appropriate Bench on the next date of hearing. Let counter affidavit be filed within six weeks. Rejoinder, if any, will be filed within two weeks thereafter. The matter will appear eight weeks hence.";