JAIPRAKASH SINGH Vs. UOI

JUDGEMENT

(1.) THE petitioners before me are only five in number, though they claim to be representing huge number of workers. THEy are working as labourers at Quarry "D" of Kaliapani Chromite Ore Mines at Jajpur, Orissa. THEy have laid challenge, inter-alia, to the grant of licence to respondent No.5, namely, Dhansar Engineering Co. Private Limited, under Section 12(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter called the "Act") for doing the work of "HEMM Drilling and Blasting wherever necessary and dewatering, transport of overburden and chrome ore and disposal/stacking of the same work in the establishment of the Regional Manager, O.M.C. Ltd., Jajpur Road, Jajpur at South Kaliapani Chromite Mines of OMC Ltd., South Kaliapani."

(2.) IT has been forcefully argued by the learned Senior counsel Shri C.A.Sundaram appearing for the petitioners that the aforesaid licence has been obtained by respondent No.5 by misquoting, rather suppressing, material part of an order dated February 18, 2011 passed by a Division Bench of this Court in a writ-petition that was filed by respondent No.5. As the order passed in the said writ-petition has been the mainstay of the submission of learned Senior counsel for the petitioners, it will be appropriate to re-produce the said order in its entirety:-

(3.) IN view of the above, it is the submission of the learned Senior counsel for the petitioners that respondent No.3 in connivance with respondent No.5 misquoted the order of the Division Bench in order to somehow obtain the licence.