Allahabad High Court
Shivam Dixit vs Union Of India And 4 Others on 9 February, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 2556 of 2023
Petitioner :- Shivam Dixit
Respondent :- Union Of India And 4 Others
Counsel for Petitioner :- Sangita Srivastava
Counsel for Respondent :- A.S.G.I.,Vijay Kumar Dixit
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, Sri Yashwant Singh, learned counsel for the respondent No. 1 and Sri Vijay Kumar Dixit, learned counsel for the respondent Nos. 2 to 5.
Present petition has been filed for regularization of services of petitioner pursuant to the compromise dated 13.12.2010 and notification 23.4.2010.
At the very outset, Sri Sri Vijay Kumar Dixit, learned counsel for the respondent Nos. 2 to 5 submitted that the very same dispute came before this Court in Writ-A No. 4337 of 2021 in which this Court considering the judgment of Apex Court in the case of Steel Authority of India Limited and others vs. National Union Water Front Workers and others reported in 2001 7 SCC 1 has dismissed the petition vide order dated 25.8.2021. He next submitted that the said judgment was again followed in Writ-A No. 13858 of 2022 and this Court again the dismissed the petition vide order dated 7.9.2022, therefore, this petition may also be dismissed in light of judgment of Apex Court in Steel Authority of India Limited (Supra).
Learned counsel for the petitioner could not dispute the aforesaid facts, but submitted that suitable direction may be issued to respondents to regularize the petitioner.
I have considered the rival submissions advanced by the learned counsel for the parties, perused the record as well as judgment of Apex Court and this Court. There is no dispute on the fact that the said controversy has already been decided. This Court in Writ-A No.4337 of 2021 considering the judgment of Apex Court in Steel Authority of India Limited (Supra) has dismissed the petition vide order dated 25.8.2021, which is quoted hereinbelow:-
"Heard learned counsel for parties.
The petitioners, who were engaged as contract labourers by the Food Corporation, have preferred the instant writ petition claiming the issuance of a prerogative writ for their absorption in the Corporation consequent to the system of engagement of contract labour coming to be abolished by the issuance of the notification dated 23 April 2010 under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970. Bearing in mind the judgment of the Constitution Bench in Steel Authority of India Limited and others Vs. National Union Water Front Workers and others [(2001) 7 SSC 1], the reliefs as claimed cannot be countenanced.
Accordingly the petition fails and shall stand dismissed."
Relying upon the same judgment, this Court in Writ-A No. 13858 of 2022 has again dismissed the said petition vide order dated 7.9.2022, which is quoted hereinbelow.
"Heard learned counsel for the petitioner and Sri Hari Narayan Singh, learned counsel for the respondent nos.3 to 6.
This petition has been filed by the petitioner praying for a direction to the respondent to regularize the petitioner in service in accordance with the compromise dated 13.12.2010 entered into between the Trade Union of the respondents.
Learned counsel for the respondent has placed reliance before this Court an order dated 25.08.2021 passed by a Coordinate Bench of this Court in Writ-A No.4337 of 2021: Sawan Kumar Nishad and others Vs. State of U.P. and others, where petitioners who were engaged as contract labour by the Food Corporation of India had preferred the writ petition in the nature of Mandamus for their absorption in the Corporation consequent to the system of engagement of contract labour coming to be abolished by the issuance of notification dated 23.04.2010 under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970.
The Court had dismissed the writ petition bearing in mind the judgement of Constitution Bench in Steel Authority of India Ltd and others Vs. National Union Water Front Workers and others, 2001 (7) SCC 1.
Since the petitioner is also a contract labour, the prayer as made in this petition cannot be granted.
The writ petition stands dismissed."
This Court is of the firm view that once the identical writ petitions have been dismissed relying upon the judgment of Apex Court in the case of Steel Authority of India Limited (Supra), therefore, this Court find no good reason to interfere in this matter and petitioner is not entitled for any relief.
The writ petition lacks merit and is, accordingly, dismissed. No order as to costs.
Order Date :- 9.2.2023
ADY
