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Judgment
O R D E R
Delivered by Hon’ble Mr. Rajnish Kumar Rai, Member-J
Shri A.D. Singh, counsel for the applicant and Shri M.K. Sharma, counsel for the respondents are present and heard.
Learned counsel for the applicant has filed an Execution Application No. 4681 of 2024 with the prayer to direct the respondents for executing the Order dated 12.01.2022 passed by this Tribunal. By the Order dated 12.01.2022, this Tribunal allowed the O.A. No. 305 of 2014 and quashed the impugned order dated 6/9.09.2013. The relevant part of the Order dated 12.01.2022 is as under: -
“In the light of peculiar facts of these two OAs, for the reasons stated above, these OAs are allowed and impugned order dated 6/9.9.2013 is quashed. Respondents are directed to grant temporary status to the applicants with retrospective effect under the scheme of "Grant of Temporary Status and Regularization Scheme of Government of India, 1993" with all consequential benefits for which the applicants are entitled within a period of 3 months on receipt of certified copy of this order. It is made clear that the order passed in these OAs shall not be a precedent. No order as to costs.”
By the aforesaid Order, this Tribunal has allowed the two OAs i.e. O.A. No. 305 of 2014 and O.A. No. 491 of 2014. In O.A. No. 305 of 2014, the applicants – Jawahar Lal and Shyam in the present Execution Application were applicant No. 1 and applicant No. 3 respectively. They have approached this Tribunal by way of present Execution Application with the prayer to direct the respondents to grant temporary status to the applicants with retrospective effect under the Scheme of “Grant of Temporary Status and Regularization Scheme of Government of India, 1993” with all consequential benefits. Earlier, the applicants have also filed the Contempt Petition No. 125 of 2022, however, same has been dismissed by this Tribunal on 07.02.2024.
Counsel for the respondents has filed the compliance affidavit, in which they stated that the Order of this Tribunal dated 12.01.2022 was challenged by the respondents by way of filing Writ A No. 22170 of 2022 Union of India V. Jawahar Lal, which was disposed of on 30.11.2023 by the Hon’ble High Court and the Order of this Tribunal dated 12.01.2022 was set aside and the matter was remitted back to petitioner No. 2 (respondents) to pass a fresh order in case of each individual respondents (applicants in O.A.). In compliance of the Judgment and Order of this Tribunal as well as of Hon’ble High Court, the respondents’ authority has finalized the matter and passed the order, in which names of applicant No. 1 and applicant No. 2 are placed at Sl. No. 27 and 28 respectively. Hence, the respondents prayed for dismissal of the Execution Application being devoid of merit.
Heard, counsel for the parties and perused the pleadings on record.
The main relief of the applicants’ counsel is to direct the respondents to grant temporary status to the applicants with retrospective effect under the Scheme of “Grant of Temporary Status and Regularization Scheme of Government of India, 1993” with all consequential benefits. It is seen from the record that the final Order dated 12.01.2022 passed by this Tribunal was set aside by the Hon’ble High Court in Writ A 22170/2022 vide Judgment and Order dated 30.11.2023. The relevant part of Hon’ble High Court’s Judgment reads as under: -
"18.Accordingly, we set aside the order of the learned Tribunal and remit the matter to petitioner no.2 to pass a fresh order in the case of each individual respondent as may specify the date of initial engagement of such respondent and the number of days worked as on 1st September, 1993. For the above purpose, petitioner no.2 may first issue notice to individual respondents specifying its proposed view and also disclosing the documents on the strength of which such tentative opinion may arise. Such notices may be issued within a period of three months from today. The petitioner no.2 would grant one month time to the individual respondents to reply to the notices. Thus, the individual respondents would be at liberty to file their replies supported by their personal affidavits and such documents on which they may seek to rely. Subject to such compliance, petitioner no.2 may appropriate reasoned orders in each individual case of the respondents, within a further period of two months there from.
19.Rights of the parties shall abide by the final orders to be passed by petitioner no.2. Needless to add, such of the respondents who may be found eligible under the Scheme would be accorded Temporary Status within the same period, with prospective effect without any further delay.
20.As to the prayer for grant of minimum of pay-scale, we find the objection raised by the learned counsel for the petitioner to be sustainable, In View of the fact that the arrangement first made by the petitioner-Union of India has undoubtedly undergone the change. If the respondents are not found entitled to the benefits of the Scheme, unfortunately, today their status is of an outsourced employee. Therefore, no relief may be granted in that regard.
21.In any case, the decision to be made by the petitioner may not have any adverse impact on the continuance of the respondents in their status that otherwise exists. Notwithstanding the final orders that may be passed, the present order may itself cause displacement of the respondents.”
As the Order dated 12.01.2022 was set aside by the Hon’ble High Court, the respondents’ authority in compliance of the Judgment and Order dated 30.11.2023 of the Hon’ble High Court has passed the reasoned and speaking Order in case of each individuals who were applicants in the O.A. No. 305/2014 and respondents in Writ Petition No. 22170/2022. As there is no subsistence of the Order of this Tribunal, after setting aside the same by the Hon’ble High Court, there is no question to direct the respondents to execute the Order dated 12.01.2022 passed by this Tribunal. It is also seen that in compliance of the Judgment and Order dated 30.11.2023 of the Hon’ble High Court, the respondents have passed the reasoned and speaking order with regard to applicants in the present Execution Application. After setting aside the Order of this Tribunal by the Hon’ble High Court, there is no role to play by this Tribunal.
In view of the above, the execution proceeding in Execution Application No. 4681/2024 is dropped and notices issued to the respondents are hereby discharged. All the pending MAs shall be deemed to have been disposed of. No order as to cost.