VIJAY KUMAR Vs. UOI

JUDGEMENT

(1.) The petitioners who were engaged as contractual labourers with the Central Public Works Department [CPWD] have petitioned this Court seeking the following reliefs: -

(2.) The relief in essence is for their absorption in the respondent Department pursuant to the abolition of the contract labour system in CPWD in light of the notification issued on 31/7/2002 in terms of the provisions made in Sec. 10(2) of the Contract Labour [Regulation and Abolition] Act 1970 [CLRA].

(3.) Before this Court, it is not disputed that all the petitioners were party to writ proceedings initiated before this Court and which culminated in a judgment rendered in their favour on 26/5/2000. It is also not disputed that they were working as contractual labourers in processes which find mention in the notification of 31/7/2002. It becomes relevant to note that the judgment of this Court rendered in favour of the present petitioners rested on the decision of the Supreme Court in Air India Statutory Cop. v. ULU (United Labour Union) 1997 SCC (L & S) 1344. The Court while proceeding to allow the writ petition held as under: -