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Judgment
Mr. Mohanty, learned advocate appears on behalf of petitioners. He submits, his clients have been disengaged by impugned order, inter alia, dated 20th December, 2021 passed on behalf of Deputy General Manager, Food Corporation of India (FCI). He submits, the disengagement is illegal.
Notwithstanding that for work of providing security, there was no notification under section 10(1) in Contract Labour (Regulation and Abolition) Act, 1970, his clients stood protected on their engagement by interim order dated 24th October, 2019 in WP(C) no.19075 of 2019.
On there only being part compliance of said order, some of those engaged through contractors to provide security had again moved this Court by WP(C) no.25194 of 2020, disposed of by order dated 8th October, 2020. Coordinate Bench, in that order, recorded that direction made in the interim order stood violated in respect of workers of Jatani, Phulbani, Kesinga, Dungripali, Titilagarh, Balijhari, Burla, Sambalpur and one of Jagannathpur depots of FCI. The order goes on to record that to avoid the discrimination, Regional Labour Commissioner had issued show cause notice dated 18th February, 2020. He submits, a further show cause notice was issued by the Commissioner on 5th January, 2021, with reference to said order dated 8th October, 2020. In spite thereof, pursuant to impugned order dated 20th December, 2021 his clients have been disengaged, for engagement of Ex-Servicemen under purported policy of FCI. He submits, his clients ventilated their grievance under section 33 in Industrial Disputes Act, 1947. He draws attention to annexure-13, being record of conciliation proceeding held on 28th October, 2019. He submits, the conciliation proceeding is also pending. He seeks interference.
We notice, the first Division Bench of this Court passed order dated 9th September, 2021 in, inter alia, one of the writ petitions mentioned above. By the order, said interim order dated 24th October, 2019 and another order dated 14th November, 2019 stood vacated. Petitioners must consider their position based on claiming protection under said order, vacated by order dated 9th September, 2021.
Mr. Nayak, learned advocate appears on behalf of Union of India.
Pending hearing petitioners further, we will consider direction for issuance of notice.
List on 26th April, 2023.
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