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2022 Supreme(Del) 731

YASHWANT VARMA
Vijay Kumar – Appellant
Versus
UOI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jasbir Singh Malik.
For the Respondent: Mr. Rajesh Gogna, CGSC with Ms. Priya Singh, Mr. Rahul Verma and Mr. Akshat Gogna.

JUDGMENT :

Yashwant Varma, J.

1. The petitioners who were engaged as contractual labourers with the Central Public Works Department, [CPWD] have petitioned this Court seeking the following reliefs:-

    “(i) Issue Writ of Mandamus directing the Respondents to give effect to the Ministry of Labour Notification No. SO 813 (E) dated 31.07.2002 [Annexure P-3] for the purpose of regularization of the services of the Petitioners with all consequential benefits inclusive of regularization from back date.

(ii) Issue a writ of mandamus directing the Respondent to grant the same pay-scale to the Petitioners, which is being granted to the counterparts employees in the CPWD.”

2. The relief in essence is for their absorption in the respondent Department pursuant to the abolition of the contract labour system in CPWD in light of the notification issued on 31 July 2002 in terms of the provisions made in Section 10(2) of the Contract Labour [Regulation and Abolition] Act 1970, [CLRA].

3. Before this Court, it is not disputed that all the petitioners were party to writ proceedings initiated before this Court and which culminated in a judgment rendered in their favour on 26 May 2000. It is also not disputed t

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