JUDGMENT :

A.S. SUPEHIA, J.

1. On 06.01.2022, this Court had passed the following order:-

"Though served, the respondents have chosen not to appear.

As a last chance, the matter is adjourned to 24.01.2022."

2. Today, also no one has entered appearance on behalf of the respondents.

3. The present writ petition has been filed, inter alia, for the following prayer:-

"17(B) Your Lordships may be pleased to issue appropriate wit, order or direction to transfer the reference being Reference (CGITA) No. 48/2004 pending before the Ld. Central Government Industrial Tribunal cum Labour Court at Ahmedabad to the State Industrial Tribunal Ahmedabad and further be pleased to direct the State Industrial Tribunal at Ahmedabad to decide the Reference (CGITA) No. 48/2004 within stipulated period of time."

4. The brief facts of the case are as under:-

4.1. The Petitioner has joined the service of ONGC, Ahmedabad Asset i.e. Respondent No. 2 in the year 1995 as Winch Operator. The Petitioner has been appointed as Winch Operator through Contractor to perform the work of Winch Operator for the Respondent No. 2 and he is continuing as such through different Contractors for span of 26 years.

4.2. A dispute arose between 257 employees including the petitioner for regularization under Section 10 of the Industrial Disputes Tribunal Act, 1947 (for short "the ID Act").

4.3. The dispute was referred by the appropriate authority to the then Labour Court Central as being Reference (ITC) No. 11 of 1997.

4.4. The said reference was transferred to the Central Government Industrial Tribunal Cum Labour Court, Ahmedabad and was renumbered as being Reference (CGITA) No. 48 of 2004.

4.5. During the pendency of the Reference, the Respondents have initiated a recruitment process for the post of Winch Operator through Advertisement No. 01/2019 (R & P), wherein the contractual employees were kept out from the recruitment process.

4.6. As the contractual employees were kept outside from the recruitment process for Winch Operator, the present petitioner had approached the Tribunal on 09.04.2019 by filing an application below Exhibit 257 under Section 10(4) of the ID Act praying for stay of the recruitment procedure till the final disposal of the reference.

4.7. The Central Government Industrial Tribunal, after going through the documentary evidences, passed an order dated 08.07.2019 by reserving one post for Junior Motor Vehicle Driver (Winch Operator) till the final disposal of the Reference and the same has not been challenged by the Respondent No. 1 and 2 till date.

4.8. The present petitioner had preferred Special Civil Application No. 21342 of 2019 direction directing the respondent nos. 1 and 2 for initiating recruitment process for one Junior Motor Vehicle Driver (Winch Operator) in connection with advertisement No. 1 of 2019 (R & P) inviting application from 31.01.2019 to 20.02.2019 for the petitioner also or alternatively to absorb the petitioner on the vacant post looking to the experience and educational qualification of the petitioner as required in the advertisement.

4.9. This Court on 05.12.2019 had disposed of the petition being Special Civil Application No. 21342 of 2019 observing that the petition is not entertained and the tribunal concerned is directed to decide Reference (CGITA) No. 48/2004 expeditiously but not later than three months from the date of the receipt of a copy of this order.

4.10. The petitioner has challenged the order passed by this Court in Special Civil Application No. 21342 of 2019 dated 05.12.2019 by preferring Letters Patent Appeal No. 181 of 2020, which was dismissed on 25.02.2020 as withdrawn, leaving it open for the appellant to take appropriate proceedings for redressal of his grievances.

5. Learned advocate Mr. Anantanand Singh appearing for the petitioner has submitted that even after passing of the order by this Court in Special Civil Application No. 21342 of 2019 at Annexure "A"; the office of the Presiding officer is vacant till today a