HEM CHAND Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition is filed by the petitioners praying for the following reliefs:

(2.) At the very threshold of the arguments, it is stated by the counsel appearing for the petitioner that so far as relief in one of the writ petitions is concerned, the same has been rendered infructuous in view of the fact that reference has already been made by the appropriate Government to the Industrial Adjudicator, namely, the Industrial Tribunal No. 1 under Reference No. F- 241545/2003 vide order dated April 3, 2002. As the reference is already made of the disputes raised by the workmen, the first relief i. e. sought for in this petition does not survive for consideration and stands accordingly disposed of.

(3.) The writ petition is, however, pressed so far as the second relief is concerned, on the ground that the petitioners are entitled to continue to work with the respondent No. 2/hospital although the said respondent has appointed a new contractor, in the meantime. When the writ petition was moved, and it was listed before this Court, it was pointed out by the counsel appearing for respondent No. 2 that the said respondent has already entered into a fresh contract with a new contractor, who is now supplying workers for various duties in the hospital. Counsel appearing for the petitioners, at that stage, contended that the petitioners have also been working. However, considering, the statement made by the counsel appearing for the respondent No. 2, it was observed by this Court in the order dated January 6, 2003 that no interim order, as sought for, could be passed, at that stage, but that the said appointment of the new contractor by the respondent No. 2 and its functioning would be subject to the final orders to be passed in the writ petition. In that view of the matter the second relief is pressed by the counsel appearing for the petitioners.