Rahul Das & Ors. vs Union Of India & Ors.

MINI PUSHKARNA, J (ORAL):

The present petition has been filed seeking directions to the respondents, for consideration of the representation dated 12^th June, 2025, made by the petitioners herein, to the Chief Labour Commissioner (Central) Ministry of Labour and Employment, Shramev Jayate Bhawan, Dwarka, New Delhi-110075, in pursuance of the order dated 19^th May, 2025, passed by the Supreme Court in W.P.(C) 26685/2025.

The aforesaid order dated 19^th May, 2025, passed by the Supreme Court, reads as under:

Perusal of the aforesaid order shows that the Supreme Court has allowed the petitioners herein, to withdraw the petition therein, with liberty to approach the jurisdictional High Court under Article 226 of the Constitution of India, 1949, or seek any other available legal remedy.

Learned counsel appearing for the petitioners submits that pursuant to the aforesaid order of the Supreme Court, a representation dated 12^th June, 2025 was made by the petitioners to the Chief Labour Commissioner, (Central), Ministry of Labour and Employment, Shramev Jayate Bhawan, Dwarka, New Delhi-110075, i.e., respondent no. 3 herein.

Perusal of the order dated 14^th July, 2025, passed by this Court in the present proceedings, shows that during the course of arguments, the petitioners have restricted the relief being sought by way of the present petition, only to the extent of seeking directions to the respondents for consideration of the aforesaid representation dated 12^th June, 2025, made by the petitioners.

The order dated 14^th July, 2025, passed by this Court in the present proceedings, reads as under:

Accordingly, this Court finds no impediment in directing the Chief Labour Commissioner (Central), Ministry of Labour and Employment, Shramev Jayate Bhawan, Dwarka, New Delhi-110075, to decide the representation dated 12^th June, 2025, made by the petitioners.

Furthermore, this Court notes that status quo order qua the petitioners’ service conditions, had been directed by this Court vide order dated 25^th July, 2025, passed in the present proceedings, in the following manner:

Considering the aforesaid, this Court is of the view that the status quo order in favour of the petitioners, ought to continue.

At this stage, learned counsel appearing for respondent nos. 1, 2 and 5 submits that the petitioners are contractual employees and have been engaged through a contractor.

He submits that the time period of the contract of the said contractor has already expired, and that a new contractor needs to be engaged for the purposes of engaging various contractual employees which shall be done, by way of floating a tender.

He further submits that the tender process is likely to span over a period of two to three months.

Learned counsel appearing for the respondent nos. 1, 2 and 5, thus, submits that the said tender process may not be obstructed, in view of any orders passed by this Court.

Considering the submissions made before this Court, the following directions are issued:

The Chief Labour Commissioner (Central), Ministry of Labour and Employment, Shramev Jayate Bhawan, Plot No. G-4, Sector-10, Dwarka, New Delhi-110075, i.e., respondent no. 3 herein, is directed to decide the representation dated 12^th June, 2025, made by the petitioners, within a period of four weeks, from today.

Respondent nos. 1, 2 and 5 are at liberty to proceed with their tender process, for the purposes of engaging a new contractor, for engaging various contractual employees, to work in the respondent no. 5-organization, i.e., The National Informatics Centre.

The status quo order qua the petitioners’ service conditions, as granted in the present proceedings vide order dated 25^th July, 2025, shall continue, till the finalization of the tender process by respondent no. 5.

Respondent no. 3, i.e., the Chief Labour Commissioner (Central) Shramev Jayate Bhawan, Plot No. G-4, Sector-10, Dwarka, New Delhi-110075, is also directed to initiate the conciliation process qua the petitioners, within a period of two weeks, from today.

Needless to state, the rights and contentions of the parties are kept open.

It is clarified that this Court has not expressed any opinion on the merits of the case.

With the aforesaid directions, the present petition, along with the pending applications, is accordingly, disposed of.