LPA 172/2021 & LPA 173/2021 Page 1 of 45

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 30.03.2022

Date of decision: 31^st May, 2022

+

LPA 172/2021 & CM APPL. 17589/2021

CENTRAL WAREHOUSING CORPORATION ..... Appellant

Through:

Mr.Vikas Singh, Sr. Adv. with

Mr.K.K. Tyagi and Mr.Iftekhar

Ahmad, Advs.

versus

GOVT OF INDIA AND ORS

..... Respondents

Through:

Mr.R.V.

Sinha,

Sr.CGC

with

Mr.A.S. Singh, Mr.Amit Sinha &

Ms.Sharanya Sinha, Advs. for R-1.

Mr.Asha

Jain

Madan

&

Mr.Mukesh Jain, Advs. for R-2 to

R-225.

Mr.Neeraj

Shekhar,

Dr.Sumit

Kumar, Mr. Abhishek Pandey &

Mr.

Hemant

Kumar

Sunny,

Advs.for R-227.

Mr.Harvinder Singh & Mr.Akhand

Pratap Singh, Advs. for Suman

Forwarding Agency Pvt. Ltd.

+

LPA 173/2021 & CM APPL. 17645/2021

CENTRAL WAREHOUSING CORPORATION ..... Appellant

Through:

Mr.Vikas Singh, Sr. Adv. with

Mr.K.K. Tyagi and Mr.Iftekhar

Ahmad, Advs.

versus

VIJAY BAHADUR PAL AND ORS

..... Respondents

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002152

LPA 172/2021 & LPA 173/2021 Page 2 of 45

Through:

Mr.Ashok

Agarwal,

Mr.Kumar

Utkarsh, Mr.Manoj Kumar, Advs.

for R-1 to R-107.

Mr. Neeraj Shekhar, Dr.Sumit

Kumar, Mr. Abhishek Pandey &

Mr.

Hemant

Kumar

Sunny,

Advs.for R-227

Mr.Harvinder Singh & Mr.Akhand

Pratap Singh, Advs. for Suman

Forwarding Agency Pvt. Ltd.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J.

1. These two appeals have been filed by the appellant challenging the

Impugned Judgment and Order dated 17.05.2021, passed by the learned

Single Judge in CM No.1291 of 2021 and CM No.2812 of 2021 filed in

W.P.(C) 482 of 2021 (challenged in LPA 173 of 2021) and CM No.742

of 2021 in W.P.(C) 4114 of 2008 (challenged in LPA 172 of 2021). By

way of the Impugned Order, the learned Single Judge has directed the

appellant herein to continue the services of the workmen who were on the

rolls of M/s Suman Forwarding Agencies Private Limited (hereinafter

referred to as „M/s SFPL‟), the earlier contractor of the appellant, as on

05.01.2021 and continue to deploy at them at the concerned

establishment, that is, the Inland Clearance Depot (in short, „ICD‟),

Patparganj, Delhi, through a contractor of its choice, on the same terms

and conditions, till such time a final decision is reached in the pending

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002152

LPA 172/2021 & LPA 173/2021 Page 3 of 45

proceedings, which would include W.P.(C) 4114 of 2008 and in the two

references, that is, I.D. No.142 of 2015 and I.D. No.57 of 2015.

2. W.P.(C) 4114 of 2008 had been filed by the appellant herein

challenging the Notification dated 17.11.2006 of the Government of

India, Ministry of Labour and Employment (hereinafter referred to as the

„Notification dated 17.11.2006‟), prohibiting the employment of contract

labour in the works of handling of import and export containers and

cargo, their loading and unloading from road vehicles, and their stuffing

or destuffing in and from containers, in the establishment of the Central

Warehousing Corporation (hereinafter referred to as the „CWC‟), Village

Ghazipur, Patparganj, Delhi (hereinafter referred to as „ICD,

Patparganj‟).

3. CM No. 742 of 2021 was filed by the respondent nos. 2 to 225 in

W.P.(C) 4114 of 2008, claiming therein that many of the

respondents/workers have been working for the appellant at the ICD,

Patparganj, for the last about three decades and have raised an industrial

dispute, being I.D. No. 57 of 2015, claiming regularisation of their

services, which is pending adjudication before the Central Government

Industrial Tribunal-cum-Labour Court (in short, the „CGIT‟). The

res