Workers' rights must be protected, especially during contractual transitions, and timely adjudication of claims in labor disputes is critical, particularly in pandemic conditions.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. The present petition has been filed by 33 Petitioners, who were working as maintenance staff in the ESI hospital.

3. The grievance of the Petitioners is that they had been working for several years with the ESI Hospital, however, sometime in the month of February, 2021, the Petitioners were informed that the new contractor M/s. Hindustan Prefab Limited-Respondent No.7 was engaged by the Hospital management. The said company has further sub-contracted the work of providing contractual labour to Respondent No.8-M/s. Global Enterprises. The new contractor having been awarded the said contract for providing maintenance staff, the Petitioners were terminated from their services on 16th February, 2021.

4. It is the case of the Petitioners that since they have been working for several years, their services ought not to have been terminated, and they ought to have been considered for appointment by the fresh contractor. Reliance has been placed by the Petitioners on the judgment of the Supreme Court in State of Haryana v. Piara Singh, (1992) 4 SCC 118.

5. The Petitioners had made a representation on this issue, before the Respondent-Ministry of Labour, and the matter was also referred to the Central Government Industrial Tribunal (hereinafter referred as "CGIT") for adjudication. However, the matter continues to remain pending before the CGIT. Accordingly, the writ jurisdiction of this Court has been invoked by the Petitioners on the ground that there are exceptional circumstances considering the COVID-19 pandemic, and that all the 33 Petitioners have been terminated from their employment, which has adversely affected their livelihood.

6. During the course of hearing, this Court was informed by ld. Counsels for the Respondents, on 17th May, 2021, that a reference in this case has already been made by the Ministry of Labour and Employment to the CGIT and the matter is now pending before the CGIT. Accordingly a submission was made to the effect that the present writ petition would not be maintainable. However, Ms. Ritu Jain, ld. Counsel appearing for the Petitioners, thereafter, moved an application stating that hearings are not being conducted before the CGIT at all, and hence the said remedy is not an efficacious alternate remedy at all.

7. On 16th July, 2021, this court perused the office orders issued by the CGIT-cum-Labour court-I, which showed that en bloc dates have been given till October and November 2021 for matters which were listed in June and July 2021. Accordingly, on the said date, notice was issued to the relevant ministry of the Union of India, through Mr. Anil Soni, ld. CGSC, who was requested to take instructions and file a status report as to whether the matters in the CGIT-cum Labour Court, are being heard, and if so in what manner.

8. Status report has been filed by the ld. CGSC and is on record. The said status report has answered the queries raised by the Court and reads as under:

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