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2022 Supreme(Del) 751

RAJIV SHAKDHER, TALWANT SINGH
VIJAY KUMAR YADAV – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajesh Mohan Sinha.
For the Respondents: Ms. Maninder Acharya, Mr. Om Prakash, Mr. Pradeep Kumar Tripathi, Mr. Anil Kapoor, Mr. Viplav Acharya, Mr. Shikhar Kishore, Ms. Saroj Bidawat.

JUDGMENT :

RAJIV SHAKDHER, J.

Preface:

1. Shorn of unnecessary details, the grievance which has impelled the petitioners to approach this Court is briefly this:

    1.1. The petitioners, who are regular employees of respondent no. 2 i.e. the Food Corporation of India [hereafter referred to as “FCI”] apprehend being transferred en bloc from FCI Food Storage Depots [in short “FSDs”] located at Shakti Nagar and Mayapuri to depots located at Okhla and other locations.

1.2. It is the petitioners’ case that both depots i.e. FCI FSDs located at Shakti Nagar and Mayapuri, where they are presently located, have notifications issued qua them, under Section 10 of the Contract Labour (Regulation an Abolition) Act, 1970 [in short “CLRA Act”]. Thus, according to the petitioners, once the notification under Section 10 of the CLRA Act was issued, the FCI could not have deployed contract labour in the aforementioned depots [i.e. FSD Shakti Nagar and FSD Mayapuri] and therefore, in pursuing this course, FCI has whittled down their legal rights, by attempting to redeploying/transferring them en bloc to another depot.

1.3. It is on account of this grievance that the petitioners have approached this Court by way

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