1

Court No. - 34

Case :- WRIT - A No. - 19454 of 1990

Petitioner :- Roadways Karmchari Sanyukt Parishad

Respondent :- U.P.S.R.T.C. & Another
Counsel for Petitioner :- V.K. Barman
Counsel for Respondent :- S.C., M.M. Sahai, R.K.Ojha

Hon'ble Sudhir Agarwal,J.

1. This writ petition was filed by Union Roadways Karamchari
Sanyukt Parishad through Niamatullah, Secretary and Niamatullah
himself is impleaded as petitioner-2.
2. A writ petition on behalf of Association is maintainable only in
limited cases and these have been summarized by a Full Bench of this
Court in Umesh Chand Vinod Kumar Vs. Krishi Utpadan Mandi
Samiti, Bharthana and others AIR 1984 All. 46 wherein in para-20
Court has held as under:
“20. To summarise, the position appears to be that an
association of persons, registered or unregistered, can file a
petition under Article 226 for enforcement of the rights of its
members as distinguished from the enforcement at its own
rights-
(1) In case members of such an association are themselves
unable to approach the court by reason of poverty, disability or
socially or economically disadvantaged position "little
Indians").
(2) In case of a public injury leading to public interest litigation
provided the association has some concern deeper than that of
a way-farer or a busybody i.e. it has a special interest in the
subject-matter.
(3) Where the rules or regulations of the association
specifically authorise it to take legal proceedings on behalf of
its members, so that any order passed by the court in such
proceedings will be binding on the members.”
 2

3. Court has also held that in other cases, an Association, whether

registered or unregistered, cannot maintain a petition under Article
226 for enforcement or protection of the rights of its members, as
distinguished from the enforcement of its own rights. Para-21 of the
judgment reads as under:
“21. In other cases an association whether registered or
unregistered cannot maintain a petition under Article 226 for
the enforcement or protection of the rights of its members, as
distinguished from the enforcement of its own rights.”
4. In the present case, none of the conditions, as stated in para-20
of the judgment of Full Bench in Umesh Chand Vinod Kumar Vs.
Krishi Utpadan Mandi Samiti, Bharthana and others (supra) are
satisfied. Hence, the writ petition on behalf of Association is not
maintainable.
5. Even otherwise, the matter is pending since 1990 and it appears
that cause of action has ceased to survive with efflux of time and the
writ petition has rendered infructuous.
6. Dismissed accordingly.
Dt. 02.01.2019
PS
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 IN THE-1GH COURT OF JUDICATURE
****tt*sta*
AT ALLAHABAD
INDEX
IN
CIVIL MISC. MODIFICATION APPLICAT ON NO. OF 2020
Undar Charter XXiI Rule 1 of the
High Court Rules)
On behalf of

Respondent nc.1 to 5
IN
CIVL MtSC. WRIT
PETITION NO. 42685 OF 2019
(Under Arti:le 226 of the Constituion of India)
(District - Shahjahanpur)
Rat.sh Singh ged about
40 years
at
.resent Adi-Harhauda S/o Tilak Dhai Singh
Bujurg, P.O. Roza District
Shahjahanpur, ermenent Aduress- Village Semarbari,
Post Kailadeva
iistt-CGopalganj (Bihar) and others.
******:*****
Petitioners.
Versus
Food
Corporatico of India through its Chairman Cum
Managing Directi"16-20 Barah Khamba Lane, New
ard others. Delhi
******************** **
... Respondents **

SI. No. Particulais Dates Anx Pages

No.
Ciil Misc.
Modificatio: Application
Autidavit in support o' (ivil Mlisc.
Modificaticn Applicaticn
3 Tte newspaper cultirg
4 The copy o the
21 1.2020
compl: int dated 21.1.2020 2
9-1o
The copy of letter add.assed to his

Dated
CCursel

02/2019
AS. K. MIi3kA)
13-1
Aclvocite
Actvocate Roll AS 1928/12
Counsel for the
Respcndent No.1 to 5
Ch. No.101, New
Building.
High Cou:, Allahabad
Mob. No S415340023
 8

13
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL MISC: MODIFICATION APPLICATION NO.
OF 2020

(Under Chapter XXII Rule 1 of the High Court Rules)

On behalf of

Respondent no.l to 5
N
CIVIL MISC. WRIT PETITION NO.
42685 OF 2019
(Under Article 226 of the Constitution of India)
(District - Shahjahenpur)

1. Ramesh Singh aged about

40 years S/o Tilak Dhari
Singh at present Add-Hathauda Bujurg, P.O. Roza
District Shahjahanpur, Permenent
Address- Village
Semarbari Post Kailadeva
Distt-Gopalganj (Bihar).
2 Vivek Kunmar Singh
aged
about 37 years, S/o Ram
Pati Singh at present Add-Hathauda Eujurg, P0-
Roza, District Shahjahanpur.
3. Rahul Pancday aged about 35 years, S/o Birju Panday
at present Add-Hathauda Bujurg, PO Roza, District
Shahjahanpur.
Rajive Kumar aged about 38 years, S/o Sonu Prasad
at present Add-Hathauda Bujurg, PO Roza, District
Shahjahanpur.
5. Onprakash aged about 35 years, S/o Nageshwar
Singh at present Add-Hathauda Bujurg PO Roza,
District Shahjahanpur.
6. Upendar Kun:ir
Agarwal aged about 36 years, S/o
Mahendar Presad Agarwal at present Add-Hathauda
Bujurg, PO Roza District Shahjahanpur.
7. Dilip Sharma aged about 38 years S/c Zanna Thakur
at present Add-lathauda Bujurg, PO Roza, District
Shahjahanpur.
8. Utkars Kumar ingh aged about 38 years,
S/o
Amarnath Sirigh at
present Add-Hathauda Bujurg,
PO Roza, Districr Shahjahanpur.
9. Manoj Kumar Prasad aged äbout 39 years, S/o
Parmanand Prasad at present Add-Hathauda Bujurg
PO Roza, District Shahjahanpur, Parmanent
 (4-80

(19

PO Siwan Distt
Addres-Village Bhantapokhar,
Siwan.
10. Rakesh Kumar aged about 37 years S/o Batesar

Sharma, Vill- Garib Nagar PO Surajgara, District

Lakhisaray Bihar.
11. Ajit Kumar aged about 35 years S/o Harihar Shah,
Vill-Bilauri, PO-Belauri, Dist-Lakkhisaray (Bihar).
12 Bablu Kumar aged about 39 years S/o Jogi Singh
Vill-Bajeliya, PO-Pipariya District Saray, (Biha.
14. Vikki Kumar aged about 34 ycars, S/o Vijay Kumar
Sharma, Vill Mogal Kuman, PO Sarasiya, District
Nalanda (Bihar).
15. Ajit Kumer aged about 39 years S/o Vijay Chaudhry
Vill- Manik Chand Talaw Post-Anishabad, Distt
Patna (Bihar).
16. Ajay Chaudhry aged about 37 years S/o Vijay
Chaudhry Vil-Manik Chand Talaw Post Anishabad,
Distt Patna (Bhar).
17. Subodh Kumar Panday aged about 36 years S/o
Govind Saran Panday, Vil- Sondhi, PO- Sharman

District- Lakhisaray (Bihar).

18. Ranjit Modi aged about 38 years S/o Rameshwar
Modi Vill-Gacai Post Giridih, District Giridih (Bihar)
19. Omprakash Sharma aged about 40 years, S/o Ram
Chandar Shama BL Ray Road Distrit Howrah (Best

Wengal)
20. Vishal Kumar aged about 47 years, S/o Jaynarayan
Singh Raybagh Post Kachhidargah, Distt-Patna

(Bihar)
21. Ravi Kumar aged about 36 years, S/o Sgrawarn
Kumar, Vill-sonwa PO Kothiya District Patna (Bihar).

22 Yogesh Kumar Yogesh aged about 35 years, S/o

Dinesh Prasad, Vill-Khirindi PO-Khirindi Distt-
Rontash.
23. Lalan Kumar aged about 40 years S/o Shivdani Ray,

Vill-Mahuwa Eagh, PO Rupeshpur District Patna

(EBihar.
 37 ycars, S/o Ram
24 Parbhu Kushwaha aged about
Nakshtra Kushwaha, Vill-Lahilpur, PO Lahilpur,
Distt-Deveria.
about 38 years, S/o Avinsh
25. Sanjay Kumar aged
Kumar, Vill-Chitragupt Nagar PO-Lohiya Nagar,
Distt- Patna (Pihar).
Anil Kumar about 36 years, S/o Bindeshwer
26. aged
Ram Vill-Chandravanshi Nagar PO Paliganj, Distt-

Patna (Eihar).
37 vears S/o Late
27. Ser Pra:ad Sharma aged about
PO-Telbhar Patna
Parmanand harma, Vill-Telbhar,
Bihar).
Abhinav Kurnar aged about 38 years S/o Vijay
28
PO-
Kunnar Singh, Vill- Pokhariya Ward No.39,
Begusaray Distt- Begusaray (Bihar).
29. Ajit Kumiar Modi aged albout 40 years S/o
Syamsuncar Modi at present Add-Hathauda Bujurg,

PO Roza, District-Shahjahanpur.
---Petitioners
Versus

1. Food Corporation of India through its Chairman Cum

Managing Director, 16-20 Barah Khamba Lane, New Delhi.

2 Executive Director (North), Food Corporation of India, Zonal
Office, Sector 24, 2A-23, Noida Guziyabad (U.P).

3. General Manager FC, TC/3-V, Vibhuti Khand, Gomti

Nagar, Lucknow.

A. Area Manager, Food Corporation of India, Tarin Bahadur

Ganj, Shajahanpur.
5. The Depot Menuer Food Corporation of In.dia, Food

Storage Depot, Rozi Shuhjahanpur.

6. Union of lndia through its Secretary, Ministry of Labour &

Enployrnent 1t Plcor. Shakti Bhawan, Rafi Marg, New

Delki.
--Respondents
 To
The Hon'ble the Chief Justice and his
con1panion Judges of the aforesaid
High Court.

The humble petition of the above named

respondent/applicant most
respectfully showeth:
That the aforesaia writ petition had come up for admission hearing before
Hon'ble Court on 20.12.2019 has been pleased to pass following order.
Hon ble Ramesh Sinlta,J. Hon'ble Ajit KumarJ.

"Heard Sri Satish Kumar Mishra, learned counsel

for the petitioners, Sri P.N. Rai,
learned counsel appearing on behalf of
respondent
nos. 1 to 5 and
perused the
record. The contention raised behalf of the
on
petitioner is that the petitioner's
case is covered under the notification issued
pursuant to section 10 of the
Contract Labour (Regulation & Abolition) Act, 1970 and, therefore, he is
entitled to be engaged. Per contra, learned counsel for the respondents
argues
that asof now the e is no work left in
the corporation to re-engage the
etitioner. However, if the
petitioners' case is covered and he produces the
certificate, as and when the work arises or situation
arises, at that time,
petitioners will defini:ey be engaged. In such view of the
matter, let a counter
affidavit be filed by tne respondents within four
weeks. Rejoinder affidavit, if
ary, shall be filed with two weeks thereafter. List after expiry of the aforesaid
pariod. When the case is next listed, the name
of Sri Satish Kumar Mishra shall
aiso be shown às counsel for the petitioner"

2 That it may be stated that Roza

Depot of the Food Corporation of India is
nori-functional for considerable long period of time due to
industrial
unrest.

3. That Central Government vide

notification dated 6.7.2016 and notification
dated 26.62018 has exempted the
applicablity of prohibitory notification
issued under Section 10 of Contract Labour
(Regulation & Aboltion) Act
1970.

4. That management intends to make FSD Roza

operational by virtue of
notification dated 6.7 2016 and notification
HTC to carry out the mork of FCI as
dated
26.6.2018 by
appointing
there is acute
storage of th:e Food Grs ins.
storage crisis for

5. That department has not given any instructiorn to counsel

F.C.I. to make statement before the appearing for
court. Moreove, he was
authorized to receive not even
naice on
behalf of F.C.
6. That statement made on behalf of F.C.I. by the counsel on 20.12.2019 is
being misutilised by the petitioners as they had published a newspaper
advertisement for offening job in FCI at FSD Roza. The newspaper

cutting is being annexed and being marked as Annexure No.1 to this

application.

1 That pettioners are running a fake racket of recruitment at FSD Roza

and the FCI has filed a complaint dated 21.01.2020 before S.P.

Shahjahanpur. Tne copy of the complaint dated 21.1.2020 is being

annexod and being marked as Annexure No.2 to this application.

That FCl has called explanation of the counsel for stating the reason that
why he has nade such statement which is against the interest of FCl and
too without instruction. The copy of letter addressed to his counse. is
being annexed and being marked as Annexure No.3 to this application.

. That Hon'ble Court may be graciously be pieased to modify the order

deted 20.12.2019 passed by the Honble Courtto the extent of statement
given by the counsel appearing for FCI on 20.12.2019. Otherwise,
irreparable loss and injury shall suffer to the corporation.

PRAYER

In the circurnstances of the case has given above and for the
reason set out this Hon'ble Court may graciously be pleased to modify
the order dated 20.12.2019 passed by the Hon'ble Court to the extent of
statement given by the counsel appearing for FCI on 20.12.2019.
Cthervise the applicant/respondent shall suffer irreparable loss and

injury.

Dated /01/2020

(S.K. MISRA)
Advocate
Advocate Roll :A/S1928
Counsel for the Respondents
Standing Counsel F.C.I.
Chamber No. 101, New Building,
High Court, Allahabad.
 4 8 2

(8

IN THE HIGH COURT OF JUDICATURE AT

ALLAHABAD

AFFIDAVIT

IN
CIVIL MISC. MODIFICATION APPLICATION NO. OF 2020

(Under Chapter XXII Rule 1 of the High Court Rules)

On behalf of

Respondent no.1 to 5
IN
CiVIL MISC. WRIT PETITION NO. 42685 OF 2019

Under Article 226 of the Constitution of India)

(District- Shahjahanpur)
Ramesh Singh aged about 40 ycars S/o Tilak Dhari Singh
at
present Add-Hathauda Bujurg, P.O. Roza District
Shahjahanpur, Permenent Address- Village Senarbari,
Post Kailadeva Dist-Gopalganj (Bihar) and others.

Petitioners.
Versus

Food Corporation of India through its Chairman Cum

Managing Director, l6-20 Barah Khamba Lane, New Delhi
and others. ********************
.Respondents
Affidavit of Amit Tiwari,
Aged about 35 years S/o Sri R.B. Tiwari,
Presently posted as 4GM(Contract), Food,
Corporation of India, Regional Otfice,
Lucknow, Religion Hindu, Occupation: Service
(Deponenty
the
above named deponent most solermnly afirm state on oath as follows:
. That the deponent is presently working as AGM(Contract)
Food Corporation cf India, Regional Oiice Lucknow and
has beea authorized to file this modification aprication on
behalf of responderis and as such is fuly conersant of the
facts deposed below:,
 4-8

19
That paragraph 1 of this affidavit and those of
the para No..
accompanying application are true to
paragraphs 1, 2,3, 4, 5, 6, 7 nos. personal knowledge and those of
on
perusal records ano those of of the accompanying application are based
paragraph
application are based on legal advice no. 8 and 9 of the
nothing is false not materialaccompanying
is concealed.

So help me God

(Depprent)
IS.K.
MISRA, Advocate, High Court, Allahabad
do hereby
the peiscn declare tha
making this affidavit and alleging himself to
be the deponent is
known to me on the basis of
perusal of papers of the case
produced before me.

(Advocate)
Solemnly affimed before me on this t h
day February, 2020 at
about_ a.m/p.m. by the deponent who is iclentified as above.

I have satisfied myself by examining the deponent that he understood

that the contents of this aftidavitl
which have been read over and explained to
him.

OATH COMMISSIONER.
 4

. ddi
 (44

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

ANNEXURE NO.(1)
IN
CIVIL MISC. MODIFICATION
APPLICATION NO. OF 2020

(Under Chapter XXIl Rule 1 of the High Court Rules)

On behalf of

Respondent no.1 to 5
IN
CIVIL MISC. WRIT PETITION NO. 42685 OF 2019
(Under Aricle 226 of the Constitution of India)
(District- Shahjahanpur)
Ramesh Singh aged about 40 years S/o Tilak Dhari Singh
at present
Add-Hathauda Bujurg, P.O. Roza District
Shahjahanpur, Permerient Address- Village Semarbar,
Post Kailadeva Distt-Gopalganj (Bihar) and others.
Petitioners.
Versus

Food Corporation of India through its Cherman Cum

Managing Director, 16-20 Barah Khamba Lane, New Delhi
and others. * ***********************
.
*
Respondents
 .

FISRYIHTRTETAIRkeYAaT4t42685 (C)2019

(Area Manager) EuE 7 17T 5

465
(27 R OLKO Court Case 42685/2019aT

IC:16.01.2020 *******

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 3

IN THE HIGH COURT OF JUDICATURE AT ALLAHABADD

***********

ANNEXURE NO.(2)
IN
CIVIL MISC. MODIFICATION APPLICATION NO. OF 2020
(Under Cha:ter XXII Rule 1 of the High Court Rules)
On behalf of

Respondent no.1 too 5

IN
CIVIL MISC. WRIT PETITION NO. 42685 OF 2019
(Under Article 226 of the Constitution of India)

Ramesh
(District-Shahjahanpur)
Singh aged about
40 years S/o Tilak Dhari Singh
at present Add-Hathauda Bujurg, P.O.
Roza District
Shahjahanpur, Permenent Address- Village Semarbari,
Post Kailadeva Distt-Gopalganj (Bihar) and others.

Petitioners.
Versus

Food Corporation of India through its Chairman Cum

Managing Director, 16-20 Barah Khamba Lane, New Delhi
nd others. *****°*********** * . . Respondents
11. FOOD
CORPORATION
OFINDIA wt10o1:200

is-21.01.2020
-FC/SPNAR-UMs/2019/tas
Spead post

ofe
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 415

(2
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*************

ANNEXURE NO:(3)
IN
CIMIL MISC. MODIFICATION APPLICATION NOo. OF 2020
(Uncer Chapter XXll Rule 1 of the High Cout Rules)
On behalf of

Respondent no.1 to 5
IN
CIVIL MISC. WRIT PETITION NO. 42685 OF 20199
Under Article 226 of the Constitution of India)
(District-Shahjahanpur)
Ramesh Singh aged about 40 years S/o Tilak Dhari Singh
at present Add-Hathaude Bujurg, P.O. Roza District
Shahjahanpur, Permenent Address- Villege Semarbari,
Post Kailadeva Distt-Gopalganj (Bihar) and others.

Petitioners.

Versus

Food Corporation of India through its Chairman Cum

New Delhi
Managing Direcio1, 16-20 Barah Khamba Lane,
... Respondents
and others.
 PioyNo, Ds22:2730063
FNNo 27109230 T cORROIREATION T
522-2720063 OF INDIA

TOOY YipMAMTI MRAPIDgN1 MADAK, LUEKNO 2001O

d.1(39)/8RI VEDT/19/RU DNHAIT|69 feHien 30.01.2020

11,5 3,SEIGTATE |H2.le12-

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for the
respondents argues that as of no there is no work left Coursel
thepetitioner. However, if the petitioners caze in the corporation to re-engage
as anc when the work is covered andhe produces the certificate,
arises or situation arisias, at that time, petitioners wili definetly be

(Hidar

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 IN THE HIGH COURT
OF.JUDICATURE AT ALLAHABAAD
INDEX
IN
CIVIL MISC. URGENT LISTING
APPLICATION NO... ...OF 2020
IN
CIVIL MISC. WRIT PETITION NO. 42685 OF 2019
(Under Article 226 of the Constitution of India)
(District Shahjahanpur)
Ramesh Singh aged about 40 years S/o Tilak Dhari Singh at
present Add-Hathauda Bujurg P.O. Roza District
Shahjahanpur, Permenent Address- Village Semarbari, Post
Kailadeva Distt-Gopalganj (Bihar) and others.
.Petitioners
Versus
Food Corporation of India through its Chairman Cum
Managing Director, 16-20 Barah Khamba Lane, New Delhi
and others.
-----Respondents

S.N Particular of Papers Dated Ann. No. Page

1. Civil Misc. Listing Application (Under
Section 151 of C.P.C
Affidavit in support
www.wna

of Listing Misc.
2.
Application
3 ID Proof of the Deponent
Datcd: /07/2020

(S.K. MISRA)
Advocate
. Mumg Counsel for the Respondents
l e ce v e
23|lo2o2o Standing Counsel F.C.I.
Adv. Roll No.A/S 1928
Chamber No. 101 New Building,
High Court, Allahabad.
Mob. No.9415340023
 IN THE HIGH COURT OF
JUDICATURE AT ALLAHABAD
ww*ww**w*****************
CIVIL MISC. LISTING APPLICATION NO... o r 2020
(Section 151 or C.P.C.
ON BEHALF Or
Rcspondents
IN
CIVIL MIsc. wRIT PETITION NO. 42685 OF 20199
(Under Article 226 of the Constitution of India)
(District - Shahjahanpur)

Dhari Singh at
1. Ramesh Singh aged about 40 years S/o Tilak
P.O. Roza District
present Add-Hathauda Bujurg.
Post
Shahjahanpur, Permenent Address- Village Semarbari,
Kailadeva Distt-Gopalganj (Bihar).
about 37 years, S/o Ram Pati
2 Vivek Kumar Singh aged
District
Singh at present Add-Hathauda Bujurg, PO-Roza,
OT
Rajesk Kumar Shahjahanpur.
Saxena Rahul Panday aged about 35 years, S/o Birju Panday at
Notery Aevacate
Shahjane" P
present Add-Hathauda Bujurg, PO Roza, District
Shahjahanpur.
about 38 years, S/o Sonu Prasad at
I N D
Rajive Kumar aged
Add-Hathauda Bujurg, PO Roza, District
present

Shahjahanpur.

5. Omprakash aged about 35 years, S/o Nageshwar Singh at

Add-Hathauda Bujurg PO Roza, District

present

Shahjahanpur.
Kumar Agarwal aged about 36 years, S/o
6. Upendar
Mahendar Prasad Agarwal at present Add-Hathauda Bujurg,
PO Roza District Shahjahanpur.
about 38 years S/o Zanna Thakur at
7. Dilip Sharma aged
PO Roza, District
present
Add-Hathauda Bujurg,
Shahjahanpur.
about 38 years, S/o Amarnath
8. Utkars Kumar Singh aged
Bujurg, PO Roza, District
Singh at prescnt Add-Hathauda

Shahjahanpur.
about 39 ycars, S/o Parmanand
9. Manoj Kumar Prasad aged
PO Roza,
District
Prasad at present
Add-Hathauda Bujurg

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 Shahjahanpur, Parmanent Address-Village Bhantapo
PO Siwan Distt Siwan.
10. Batesar Sharma,
Rakesh Kumar agcd about 37 ycars S/o
Bihar.
Vill- Garib Nagar PO Surajgara, District Lakhisaray
Vill-
11. Ajit Kumar aged S/o Harihar Shah,
about 35 ycars

Bilauri, P0-Belauri, Distt-Lakkhisaray (Bihar).

Vill-
12. Bablu Kumar aged about 39 ycars s/o Jogi
Singh

Bajeliya, PO-Pipariya District Saray, (Bihar).

Kumar Sharma,
14. Vikki Kumar aged about 34 years, S/o Vijay
PO Sarasiya, District Nalanda (Bihar).
Vill Mogal Kuman,
Vill-
15. Ajit Kumar agcd S/o Vijay Chaudhry
about 39 years
Patna (Bihar).
Manik Chand Talaw Post-Anishabad, Distt

16. Ajay Chaudhry aged about 37 years S/o Vijay Chaudhry,

Distt Patna (Bihar).
Vill-Manik Chand Talaw Post Anishabad,
S/o Govind
about 36 years
Rajesh Kurna 17. Subodh Kumar Panday aged
Sarcrs
Sharman District-
Sondhi, PO-
Notay Aduncaje

Saran Panday, Vill

Shahjanea
R.do Lakhisaray (Bihar).
Fre
about 38 years S/o Rameshwar Modi Vill-
Ranjit Modi aged
Gaddi Post Giridih, District Giridih (Bihar).
about 40 years, S/o Ram Chandar
19. Omprakash Sharma aged
Sharma BL Ray Road Distrit Howrah (Best Wengal).
Vishal Kumar aged about 47 years, S/o
Jaynarayan Singh
20.
Distt-Patna (Bihar).
Raybagh Post- Kachhidargah,
36 years, S/o Sgrawan Kumar, Vill
21. Ravi Kumar aged about
sonwa PO Kothiya District Patna (Bihar).
about 35 years, S/o Dinesh
Yogesh Kumar Yogesh aged
22
Prasad, Vi11-Khirindi PO-Khirindi Distt- Rohtash.

about 40 years S/o Shivdani Ray, Vil1

23. Lalan Kumar aged
Mahuwa Bagh, PO Rupeshpur District Patna(Bihar).
about 37 years, S/o Ram Nakshtra
24. Parbhu Kushwaha aged
Distt-Deveria.
Kushwaha, Vill-Lahilpur, PO Lahilpur,
Kumar aged about 38 years, S/o
Avinsh Kumar, Vill-
25. Sanjay
Chitragupt Nagar PO-Lohiya Nagar,
Distt- Patna (Bihar).
about 36 years, S/o Bindeshwer Ram Vill-
26. Anil Kumar aged
Chandravanshi Nagar PO Paliganj, Distt-Patna (Bihar).

Ser Prasad Sharma aged about 37 S/o Late

years
27.
Parmanand Sharma, Vill-Telbhar, PO-Telbhar Patna (Bihar).

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 28. ADhinav Kumar aged about 38 years S/o Vijay Kumar Singh,
Vill- Pokhariya Ward No.39, PO-Begusaray Distt- Begusaray

(Bihar) Modi
29. Ajit Kumar Modi aged about 40 years S/o Syamsundar
PO Roza, District
at present Add-Hathauda Bujurg,
Shahjahanpur.
----Petitioners

Versus

of India through its Chairman Cum Managing

1. Food Corporation
Director, 16-20 Barah Khamba Lane, New Delhi.
of India, Zonal Office,
2- Executive Director (North), Food Corporation
Sector 24, 2A-2B, Noida Gaziyabad (U.P.).
Vibhuti Khand, Gomti Nagar,
3. General Manager FCI, TC/3-v,
Lucknow.
Food Corporation of India, Tarin Bahadur Ganj,
. Area Manager,
Shajahanpur.
5. The Depot Manager Food Corporation of India, Food Storage Depot,
Roza Shahjahanpur.
Secretary, Ministry of Labour
its 8
Union of India through
New Delhi.
Employment 1st Floor, Shakti Bhawan, Rafi Marg,
...Respondents
******

N *
Shehj3 To,
fhe Hon'ble the Chief Justice and his other companion Judges of
h sforesaid Court.
applicants/respondents above
application of
The humble
the

named Most Respectfully showeth:

That the aforesaid writ petition had come up for admission
1.
before Hon'ble Court on 20.12.2019 has
been pleased
hearing
following order:-
to pass

Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

learned counsel for the
Heard Sri Satish Kumar Mishra,
learned counsel appearing on
petitioners, Sri P.N. Rai,
1 to 5 and perused the record.
behalf of respondent nos.
The contention raised on behalf of the petitioner is that
notification
the petitioner's case is covered under the
Contract Labour
issued pursuant to section 10 of the
he is
1970 and, therefore,
(Regulation & Abolition) Act,

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 entitled to be
engaged. Per contra, learned counsel for the
TCSpondents argues that as of now there is no work left in
The
corporation to re-cngage the petitioner. However, 1It

the petitioners' case is covered and he produces the nCL

certificate, as and when the work arises or situation

arises, at that time, petitioners will definitely be

enagaged, In such view of the matter, let a counter

affidavit be filed by the respondents within four weeks.
Rejoinder affidavit, if any, shall be filed with two weeks
thercafter. List after cxpiry of the aforesaid period. When un

the case is next listed, the name of Sri Satish Kumar

Mishra shall also be shown as counsel for the petitioner.

2. That it may be stated that Roza Depot of the Food Corporation
of India is none-functional considerable for long time due to

industrial unrest.

That Central Government vide notification dated 6.7.2016 and

notification dated 4.2018 has exempted the applicability of

TA
prphibitory notification issued under Section 10 of Contract

Labour (Regulation & Abolition) Act 1970 and also extended

Sha
RN vid Gazette Notification dated 25.6.2020.

That management intent to make FSD Roza operationalized the

said depot in the light of exemption notification dated

25.6.2020

5. That there is acute shortage of storage facility by virtue of

pendency of the present writ petition is not being possible to

the depot on outsource basis as contain in
operationalized
notification dated 25.6.2020. The notification dated
25.6.2020

empowers the depot to engage handling laborers from external

agency.

has filed the counter affidavit but the

6. That the department
has not filed the rejoinder affidavit till date.
petitioner
to direct the office
7. That this Hon'ble Court may graciously be pleased
at an date appropriate order
concern to list the aforesaid case early as

may be passed.

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 and will come up
8. That this application shall be filedon
before this Hon'ble Court... .. in the Court no....

PRYAER
set out
above and for the
reasons
In the circumstances, the c a s e as given
early date as
fix an
to be pleased to
this Hon'ble Court may be graciously

appropriate order may be passed.

further order
such other and
This Hon'ble Court may be pleased to pass
which may be deemed fit and proper.

/07/2020
ated:
(S.K. MISRA)
Advocate
Counsel for the Respondents
Chamber No. 101 New Building,
Adv. Roll No. A/S 1928/12
High Court, Allahabad.

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99102

IN THE HIGH COURT OF JUDICATURE AT ALLAHABADD

AFFIDAVIT

IN

OF 2020
CIVIL MISC. LISTING APPLICATION NO...

(Section 151 OF C.P.C.)

ON BEHALF OF RESPONDENTSS

IN

2019
CIVIL MIsc. WRIT PETITION NO. 42685 OF

(Under Article 226 of the Constitution of India)

(District - Shahjahanpur)

S Tilak Dhari Singh at

Ramesh Singh aged about 40 years S/o

Add-Hathauda Bujurg, P.O. Roza District

present

Permenent Address- Village Semarbari, Post

Shahjahanpur,
Kailadeva Distt-Gopalganj (Bihar) and others.

...Petitioners
Versus

Food Corporation of India through its Chairman Cum

16-20 Barah Khamba Lane, New Delhi

Managing Director,
and others.

---Respondents
Affidavit of Akhileshwar Ojha, Aged about 33
years Slo Sri Ravindra Nath Ojha, Presently
posted as Divisional Manager, Food
Corporation of India, District Shahjahanpur,
Religion Hindu, Occupation: Service

AKh
(Deponent

I the above named deponent most solemnly affirm state on

oath as follows:

Raie ummarSaxena
oiary Advocat
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 1. That the
deponent ispresently working as Divisional Manager
Food Corporation of India, Shajahanpur and he has been
authorized to file present application and doing and as such he
is fully acquainted with the facts to below.
deposed
That paragraph 1 of this affidavit and those of paragraphs nos.1,

2,3,4, 5, 6, 7 ofthe application are based on are based on perusal

of record and those of paragraph no. 8 are based on legal advice

noting is false not matcrial is concealed. So help me God.

Shal
(Depdnent

I S.K. MISRA, Advocate, High Court, Allahabad do hereby declare

that the person making this afñidavit and alleging himself to be the
deponent is known to me on the basis of perusal of papers of the case

produced before me.

(Advocate)

affirmed before me on this 9reh day October 2020 at

Solemnly
above.
about Ub" ä.m/p.m. by the deponent who is identified as

the deponent that he

I have satisfied myself by examining
been read
of this allidavit which have
over
understood that the contents
i i
and explained to himn.

OATH COMMISSIONER.

Ratesh K sona
Noge deat o
22

16

22

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