Union Of India And Anr vs Mohan Pal Etc. Etc on 29 April, 2002
2. The Respondents have challenged the aforesaid order of this Tribunal before the Honble High Court of Delhi vide Civil Writ Petition No. 437/2000 and the High Court stayed its operation on the assurance of the petitioners (the respondents herein) that the respondents (applicants in those O.As) shall be allowed to be continued to work as Drivers under their respective contracts. During the course of the pendency of the aforesaid Writ Petition, the respondents have pleaded that similarly placed approximately 100 Drivers have already been regularized by the Department and only 24-25 more of them who are before the Court are left out. The High Court has, therefore disposed of the Writ Petition vide its Annexure A-4 judgment dated 20.07.2010, directing the Department vide order dated 1.9.2007 to find out whether there was any possibility to accommodate respondents (applicants in this OA) also as Drivers in some Scheme or on prospective appointment as the similarly placed Drivers who have been engaged on work charge basis have been accommodated. While disposing the said Petition, the High Court relied upon the judgment in Union of India & Anr. Vs. Mohan Pal Etc. (2002 (4) Scale 216) wherein the Supreme Court has directed the petitioner to examine the aspect if the contract labourer employed after the date on which private respondents were deployed and have been given permanent status in any Department of CPWD, then, on parity, such benefit should also be made available to the private respondents.