UNION OF INDIA Vs. VARTAK LABOUR UNION

JUDGEMENT

(1.) We have heard Mr. K.K. Mahanta, learned Senior Central Government Standing Counsel for the appellant Union of India and Mr. P.G. Baruah, learned senior Advocate appearing for the respondents. The argument of this case was concluded on March 12, 2001 at the last minute of the Court hours and due to time constrained it was kept reserved.

(2.) This appeal has been directed against the judgment and order of the learned single Judge dated August 27, 1996 passed in Civil Rule No. 1839/1993 disposing the writ petition with a direction to the respondent/appellant (Union of India) to regularise the services of the members of the petitioner Association casually paid labourers employed under the Border Road Organisation, who have been working for more than 5 years. The direction was to be carried out within a period of 6 months from the date of the order. The writ appeal was once disposed of by a Division Bench on September 22, 1997 with certain modification of the order passed by the learned single Judge. However, on appeal preferred by the Union of India in Civil Appeal No. 944/1999, the Supreme Court by its order dated February 19, 1999 set aside the order of the Division Bench and remanded the appeal before this Court for fresh hearing. This is how the matter has been placed before us again for disposal.

(3.) The writ petition, Civil Rule No. 1839/1993 was filed by the Vartak Labour Union represented by its President, inter alia, claiming regularisation of the casually paid labourers employed under the Border Roads Organisation (BRO). In view of the order, we propose to pass, it may not be necessary for us to recite the circumstances leading to filing of the writ petition.