Shiv Kumar Rawat & 139 Ors. vs Food Corporation Of India Thru. ...
2016 Latest Caselaw 7671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- SERVICE SINGLE No. - 29961 of 2016
 

 
Petitioner :- Shiv Kumar Rawat & 139 Ors.
 
Respondent :- Food Corporation Of India Thru. Its Chairman & Ors.
 
Counsel for Petitioner :- Prashant Singh Atal
 
Counsel for Respondent :- Kamesh Gupta
 

 
Hon'ble Rajan Roy,J.

Heard learned counsel for the parties.

Sri Anurag Verma, learned counsel appearing for FCI informs the Court that there is no question of de-notification in this case as notification abolishing contract labour at Taalkatora Depot of Lucknow under Section 10 of the Act, 1972 itself was never issued, therefore, there is no question of de-notification. He reiterates the reason already taken note of in writ petition referred as W.P. No. 27856 (SS) of 2016.He also states that Depot is not being closed as has wrongly been stated by the petitioner.

If it is so, those petitioners who are covered by the interim order granted on 23.11.2016 and modified on 15.12.2016 in Writ Petition No. 27856 (SS) of 2016they shall be entitled to benefit of the said interim order. Those with proven physical dis-ability shall also not be sent to Kanpur. . The remaining workers shall join at Kanpur without prejudice to their rights in the writ petition.

Let a counter affidavit be filed by the opposite parties within a period of four weeks.

List thereafter on 27.01.2017 along with record of Writ Petition No.27856 (SS) of 2016.

Order Date :- 19.12.2016

Vijay