NAWAB ALI KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Considering the nature of controversy, we have heard the matter finally by issuing Rule and making it returnable forthwith.

(2.) Submission of learned Counsel for the Petitioner - Contractor is for alleged fault on the part of the 3 of his employees, action of blacklisting has been taken against the Petitioner without giving any opportunity and, therefore, it is in violation of law as laid down in the case of Raghunath Thakur Vs. State of Bihar and others reported in, 1989 AIR(SC) 620.

(3.) It is also pointed out that those 3 employees cannot be charged with any mal-intention as they have tried to clear the garbage in accordance with the contract between the parties. The Petitioner employed those 3 persons and on that day, as per schedule, only wood was to be removed. They have, while removing the wood, also collected other garbage and when accosted, also fairly admitted it.