ANIL AND THIRTEEN Vs. ASSISTANT LABOUR COMMISSIONER HARIDWAR

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have prayed for a writ in the nature of certiorari quashing the order dated 1-12-2003 passed by As sistant Labour Commissioner Haridwar, and further to issue writ, in the nature of mandamus command ing the respondents to give employ ment to the petitioners directly with out taking the contractor in between.

(2.) THE facts, in brief, are that M/ s Bharat Heavy Electricals Limited, Ranipur, Haridwar (for short BHEL) engaged the petitioners as gardeners (Malies) to sweep, clean, maintain and look after the lawns and parks inside the factory premises and the campus of residential colonies. THE petitioners were engaged for the pur pose, through the agency of S/sri Malkhan Singh, K. P Singh Chauhan and Mahendra Singh. Services of the petitioners were terminated without applying the provisions of Section 6n of Industrial Dispute Act, 1947 w. e. f. 1-12-1988. THE petitioner raised in dustrial dispute no. 31-44/90 before the Labour Court, Dehradun who found termination. of the petitioners illegal and accordingly passed an award on 5-7-1996 in favour of the petitioners for reinstatement of the petitioners either through contractors or directly by the BHEL.

(3.) THIS Court on 5-9-2003 in writ petition no. 1255 (S/s) 2003 has passed the following order ". . . . . . . . Without entering into the merits of the controversy, the re spondent is directed to dispose of the application of the petitioner in accordance with law within a pe riod of four weeks after receiving certified copy of this order. The observations made above, shall not come in the way of the Labour Commissioner to dispose the ap plication of the petitioner on merit. With the above observa tions, the writ petition is disposed of. There will be no order as to costs. "