F.C.I.MAZDOOR SANGH THROUGH ITS GENERAL SERETARY MOHD.ZUBER S/O AZIZUDDIN Vs. UNION OF INDIA AND FOUR OTHERS

JUDGEMENT

(1.) HEARD Mr. D.S. Patni, Advocate for the peti­tioner, Mr. V.B.S. Negi, Asstt. A.G. for Union of India and Mr. A.V. Pundir, hold­ing brief of Mr. S.S. Chauhan Advocate for respondents 2 to 5. By means of this writ petition the petitioner has sought a writ in the nature of mandamus directing the respondent no. 2 to implement the mandate contained in Notification dated 23-4-2010 and thereby consider the -mem­bers of petitioner union as mentioned in the list annexed as Annexure-1 to the writ petition, who were 'working in Jwalapur De­pot. F.C.I., to RoonVe Depot of F.C.I. in» accordance with schedule appended to said notification on the basis of no work no pay and further restrain the respond­ents not to de-hire the Roorkee Depot of F.C.I.

(2.) THE grievance of the petitioner is that the Ministry of Labour and Employ­ment vide notification dated 23-4-2010 prohibited the employment of contract la­bour in the work of loading and unloading etc in the go-downs and depots of F.C.I, as specified in the schedule, but the respondents are not implementing the same and transfer the F.C.I, workers to F.C.I. Depots mentioned in the said sched­ule including Roorkee Depot on the basis of 'non work, no pay'. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner union has made several representations before the respondent No.2 but of no avail. There­fore, the respondent No.2 be directed to decide the representation of the petitioner by a speaking and reasoned order at the earliest. Prayer made is innocuous, 2