Again in case of Food Corporation of India v. Pala
Ram reported in (2008) 14 SCC 32 the Supreme Court held in
paragraph 47 that writ petition was not maintainable as series of
disputed questions of facts were raised.
Again in case of Food Corporation of India v. Pala
Ram reported in (2008) 14 SCC 32 the Supreme Court held in
paragraph 47 that writ petition was not maintainable as series of
disputed questions of facts were raised.
16. Again, in the case of Food Corporation of India
v. Pala Ram, reported in (2008) 14 SCC 32, the Supreme
Patna High Court LPA No.1157 of 2014 dt. 11-02-2015
9/10
Court, held, in paragraph 47, that writ petition was not
maintainable as a series of disputed questions of facts were
raised.
11. Again, in the case of Food Corporation of
India V. Pala Ram reported in (2008) 14 SCC 32, the
Supreme Court held, in paragraph 47, that writ petition was
not maintainable as a series of disputed questions of facts
were raised.
2. The very same judgment in Pala Ram's case records the fact that a
notification had been issued by the Central Government under Section 10 of
the Contract Labour (Regulation and Abolition) Act subsequently permitting
contract labour for dusting, cleaning, sweeping and to do watch and ward
work since 28.05.1992, that is, subsequent to the institution of the writ
petition. It must be noticed that the petitioners were not seeking for
absorption in Food Corporation of India on abolition of contract labour.
They have only sought for quashing the circular issued by Food Corporation
of India acting on the notification issued by State Government. Apart from the
fact that State Government was not the 'appropriate Government' for Food
Corporation of India since 28.01.1986 and hence the State notification will
CWP No.8474 of 1991 (O&M) [4]
not govern Food Corporation of India, the notification issued on 28.05.1992
saves the day for the petitioner.