Brundaban Sethy And Others vs Chairman Paradip Port Trust And Another on 21 December, 2016
In Trinath Harichand (supra), the Hon'ble Supreme Court
delved deep into the matter and held that the Court's exercise was
confined only to the question of ascertaining the available
vacancies as on the said date and nothing more or nothing less. It
was further held that the available vacancies of Mazdoors for
being covered under CFH Scheme, 1994 were 282 as on the said
date. It was further held that in the event available vacancies get
enlarged by 15 vacancies more, in that eventuality the available
vacancies would be 297. Further, if the writ petitions of 15
standby workers were granted by the High Court, then obviously
the cake of the residuary vacancies for distribution amongst the
eligible claimants will be confined to 282. For these ascertained
vacancies as existing on the date, this Court was directed to
undertake the exercise of finding out the eligible claimants whose
writ petitions will be examined as per the order and in the light of
their vis-à-vis inter se seniority their claim for being appointed as
regular employees under the CFH Scheme qua the available
vacancies. It was further held that once these available vacancies
are ascertained and if the High Court is not apprised of any
further increase or decrease in the vacancies by the parties
concerned due to any future contingencies, then on the basis of
282 available vacancies, the rival claims of the contesting
claimants in the pending writ petitions will have be examined and
decided by the High Court.