Harshad Ali, vs The Chairman,
2022 Latest Caselaw 5102 Tel

      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                                          AND

          THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR

                      Writ Petition No.26401 of 2005

ORDER :             (Per Hon'ble Justice Abhinand Kumar Shavili)

            When the matter is taken up for hearing, learned

Assistant Solicitor General, appearing on behalf of the

respondents, has informed the Court that in identical

batch of writ petitions, viz., Writ Petition No.14715 of 2005

and batch, dated 03.08.2006, similar issue was dealt by

this Hon'ble Court and the order of the Central

Administrative Tribunal was set aside with the following

observation, viz.,

"The Central Administrative Tribunal erred in directing that the services of the casual labourers be continued and that they should not be dislodged even through Contractors. No such direction could have been granted in view of the judgment of the Apex Court in Steel Authority of India Ltd. vs. National Union Waterfront Workers1. Hon'ble High Court further stated that - "We consider it appropriate to set aside the order of the Central Administrative Tribunal leaving it open to the casual labourers concerned to avail such other remedies as are available to them in law, to agitate their grievances with regard to engagement of their services through the

(2001) 7 S.C.C. Pg.1 ::2:: AKS,J & NVSK,J wp_26401_2005

contractors for works, in Commissionerates, which according to them are permanent and perennial in nature."

2. In view of the above, and in the facts and

circumstances of the case, the present Writ Petition is also

disposed of in terms of the above order passed in Writ

Petition No.14715 of 2005 and batch, dated 03.08.2006.

3. The Registry is directed to enclose a copy of the order

passed in Writ Petition No.14715 of 2005 and batch, dated

03.08.2006, to the present Writ Petition since the order in

Writ Petition No.14715 of 2005 and batch, dated

03.08.2006, mutatis mutandis applies to the present case

also.

4. Accordingly, the Writ Petition is disposed of as above.

No costs.

5. As a sequel, miscellaneous applications pending if

any in this Writ Petition, shall stand closed.

__________________________________ ABHINAND KUMAR SHAVILI, J

___________________________ N.V. SHRAVAN KUMAR, J

Date : 20.07.2022 Ndr