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Judgment
Dr. Bhagwan Sahai, Membe R (A)
Hearing through video conferencing
Present:- Mr Abhimannyu Sharma, counsel for the applicants and Mr. Raghu Mehta, Sr. C.G.S.C. for the respondents.
Heard both of them.
M.A. No. 281 of 2022 filed by the applicants to jointly submit this O.A. is allowed.
This O.A. has been listed today on the third occasion. On the last occasion, after the counsels were heard, Mr. Sharma had assured to submit an application for condonation of delay when the respondents’ counsel objected that the applicants were discontinued from worrking as Daily Wagers in 2012 and the O.A. has been filed after 10 years without seeking condonation of delay. So far neitherr any application for condonation of delay has been filed nor Mr. Sharma today has anny explanation on this. He simply requests thhat the respondents be directed to consider a copy of this OA as representation of the applicants and decide it.
Mr. Mehta hass again raised the issue of delay and laches as the O.A. has been filed by the applicants after 10 years of their disengagement. Theerefore, he pleads that it suffers from delay and laches, it has a stale claim and such appplication filed by fence sitters cannot be enterttained.
After consideriing the above submissions, this O.A. is disposed of at admission stage, without expressing any opinion on merits of the case, directting the respondents to consider a copy of the O.A. as representation of the applicants and consider it as per relevant provisions of rules and binding instructions about continnuing/ discontinuing of daily wagers, grant of temporary status and regularization of dailyy wagers and decide it with a reasoned order within six weeks from the date of receipt of a certified copy of this order and within two weeks thereafter to communicate it to the applicants. No costs.