Virendra Singh, J.:-

Heard Sri H.R. Mishra, learned Senior Counsel assisted by Sri A.R. Siddiqui, learned counsel appearing on behalf of the appellant and Sri B.N. Singh, learned counsel appearing for respondent No.3.

2. This Special Appeal has been filed against the judgment and order of the learned Single Judge dated 3rd February,. 2010 by which the writ petition filed by the appellant being Writ Petition No. 4604 of 2010 and Writ Petition No. 4608 of 2010 have been dismissed with certain observations.

3. Brief facts necessary for deciding the appeal are as follows:-

The Food Corporation of India- appellant is engaged in purchase, storage, movement, distribution and sale of food grains. The handling work in its various depot including Kosikala in district Mathura are carried out with the help of contract labour. After introduction of Direct Payment System at the F.C.I. Kosikala dispute arose with regard to identification of old and genuine workers. Certain agreements were entered into between the workers' Union and Management. Directions were issued by judgment and order dated 30th November, 2006 in Special Appeal No. 874 of 1998 with Special Appeal No. 873 of 1998, Appeal Nos. 835 of 1998 and 836 of 1998 filed by the workers' union on 30th November, 2006 to the following effect:-

"Thus in given facts and circumstances of the case, we direct that the parties will appear before the Assistant Labour Commissioner (Central) Kanpur on 10th January 2007 and no separate notice will be issued to them by said authority. The Assistant Labour Commissioner (Central) Kanpur must pass his final order positively within a period of two months after 10th January 2007 by 10th March 2007. The parties will seek no adjournment and will cooperate in the hearing. It is made clear that Food Corporation of India will not employ any new handling and ancillary labour till the decision of controversy taken by Assistant Labour Commissioner (Central) Kanpur, if not already employed. If during the pendency of appeal any new engagement has been made by the Food Corporation of India, the same shall depend upon the decision taken by Assistant Labour Commissioner (Central) Kanpur and shall be subject to such decision.

With the aforesaid observations and directions, these appeals stand disposed of finally."

4. The Assistant Labour Commissioner in pursuance of the directions of the Division Bench decided the matter by order dated 1st May, 2009. The said order was challenged by the Food Corporation of India in Writ Petition No. 27550 of 2009 and 27549 of 2009 which writ petition was also dismissed by the learned Singl Judge on 25.7.2009 against which Special Appeal was filed being Special Appeal No.1115 of 2009 which was disposed of on 9.9.2009 with the following observations:-

"We, therefore, dispose of this appeal at this stage, without expressing any opinion on merit, with the direction to the Assistant Labour Commissioner that if any application for restoration is pending before him, as claimed, he shall dispose of the same expeditiously, preferably within two months after hearing the learned counsel for the parties without being prejudiced with the observation s made in the order of the Hon'ble Single Judge, which is under challenge in this appeal."

5. In pursuance of the Division Bench order dated 9.9.2009, the Assistant Labour Commissioner passed an order on 25th November, 2009 taking the view that restoration application as alleged by the appellant was not entered into register which is maintained for entering all applications hence, the said restoration application filed by the appellant cannot be decided. The said order of the Assistant Labour Commissioner was challenged by the appellant by filing writ petition being Writ Petition Nos.4604 of 2010 and 4608 of 2010 which were also dismissed by the learned Single Judge on 3.2.2010 by following order:-

"In view of the above there was no direction the A L C to entertain any fresh application of the petitioner in tha

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