YESHVIR SINGH Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) C.M. No.7042/2017 (by the petitioner for direction u/s 151 of CPC) The application is disposed of, as not pressed.

(2.) The petitioner, alongwith 17 others had filed a writ petition in this court, registered as W.P.(C) 1978/2008, seeking inter alia, issuance of a writ of mandamus for directing the respondents to give effect to the Ministry of Labour Notification dated 31.07.2002, for absorption of their service with all consequential benefits including grant of the same pay scale to them as was being granted to their counterparts working in the CPWD. The said petition was transferred to the Tribunal and has been dismissed by the impugned order.

(3.) The brief facts of the case, as emerge from the records, are that the petitioner alongwith other similarly placed persons was appointed by the CPWD as a helper/wireman in July 1988, on a contract basis, through different contractors. After having worked for almost 10 years on contract basis in the CPWD, the petitioner, along with other similarly placed persons approached this Court by way of W.P.(C) no. 4265/1998 titled, "CPWD Karamchari Union (Regd.) and Ors. v. Union of India and Ors", seeking regular appointment/direct absorption by the CPWD as their Principal Employer and alleging that the contract system under which they were working, was actually a camouflage and their contractor neither had the requisite license, nor was he registered under the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as "the Act"). It was also contended therein that no efforts were made by the respondents to issue a notification under Section 10 of the Act for abolishing the contract labour system prevalent in the CPWD in respect of the nature of work being undertaken by the contract workers.