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2021 Supreme(Raj) 1876
RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, Sangeet Lodha, JJ.
Gckc Projects & Works Private Limited - Appellant
Versus
Khemraj Mali & Ors. - Respondents
D.B. Special Appeal Writ No. 557/2021
Decided On : 12-07-2021
Important Points
Subject
Civil Law - Employment Law
Act Referred
Headnote
INTERIM ORDER - CONTRACTUAL EMPLOYMENT - The court addressed the validity of an interim order preventing the replacement of contractual employees pending a writ petition. It emphasized the importance of due process in employment transitions and the rights of parties involved in contractual agreements, ultimately allowing the appellant to seek relief from the interim order while maintaining the status quo until further hearings.
Fact of the Case:
The intra court appeal challenges an interim order that prevented the replacement of contractual employees working on the Bisalpur-Jaipur Water Supply Project, awarded to the appellant. The order was issued without the appellant being a party to the initial proceedings.
Finding of the Court:
The court found that the appellant had been subsequently impleaded in the writ petition and could seek to vacate the interim order. It noted that the State had also filed an application to vacate the order, which was pending consideration.
Issues: Whether the interim order preventing the replacement of contractual employees was valid and whether the appellant had the right to challenge it after being impleaded in the case.
Ratio Decidendi: The court held that the appellant, now a party to the proceedings, could apply to vacate the interim order under Article 226 (3) of the Constitution of India, emphasizing the need for proper legal process in employment matters.
Result: The special appeal was disposed of, allowing the appellant to seek relief from the interim order while maintaining the stay on the original order until the next hearing.
Mr. Sanjay Rahar, Advocate, for the Appellant; Mr. Laxmikant Malpura. Through VC (For respondents No.1 to 130) Mr. Yashodhar Pandey on behalf of Mr. Anil Mehta, AAG, Mr. Ashwinee Kumar Jaiman, Advocates, for the Respondent
JUDGMENT
1. This intra court appeal is directed against the interim order dated 22.04.2021 passed by the learned Single judge of this Court in SBCWP No.4999/2021. The order reads as infra:
"Issue notice of the writ petition as well as stay application, returnable within six weeks.
In the meanwhile, the petitioners who are working on contract basis shall not be replaced by another set of contractual employees on account of change of placement agency or otherwise. The petitioners shall be allowed to draw salary."
2. Learned counsel appearing for the appellant submits that pursuant to NIT No.1/2020-21 the contract for operation, maintenance and repair for a period of five years of Bisalpur- Jaipur Water Supply Project (Transmission System) was awarded in favour of appellant herein and therefore, the employees who were working under the earlier contractor, could not have been continued by the learned Single Judge.
3. It is submitted that the respondents have obtained the interim order without impleading the appellant as party- respondent, however, now vide order dated 06.07.2021 passed by the learned Single Judge the appellant has already been impleaded as party-respondent in the writ petition.
4. Since the appellant stands impleaded as party-respondent, it is always open for it to make appropriate application before the learned Single Judge for vacating the interim order under Article 226 (3) of the Constitution of india.
5. We are also informed that State has also filed an application under Article 226 (3) of the Constitution of India for vacating the interim order, which is coming up for consideration before the learned Single Judge on 19.07.2021.
6. It is noticed that vide order dated 05.07.2021 while issuing notices to the respondents, a Coordinate Bench of this Court has passed interim order in favour of appellant herein staying the operation of the order dated 22.04.2021 passed by the learned Single Judge.
7. In this view of the matter, we do not find any good reason to keep the present special appeal pending. It will be open for the appellant to make a prayer before the learned Single Judge for vacating the interim order. Interim order dated 05.07.2021 passed by this Court staying the order dated 22.04.2021 passed by the learned Single Judge shall continue up to 19.07.2021.
8. The special appeal stands disposed of accordingly.
