Inder Singh v. Food Corporation Of India And ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

CWP No. 1227 of 2017 Date of decision: 18.4.2017 Inder Singh Petitioner vs.

Food Corporation of India and others Respondent

Present:

Mr. Sunil Kumar Bhardwaj, Advocate.

M.M.S.BEDI,J.

The petitioner seeks quashing of order dated 12.7.2016 (Annexure P-2) whereby respondent No.5 has been authorized as labour contractor at Rail Head, Jind claiming that it falls under the prohibited area as per Notification of Haryana Govt. Dated 29.11.1985 (Annexure P-4). After hearing learned counsel for the petitioner, it is apparent that the petitioner is aggrieved by order dated 12.7.2016 (Annexure P-2), which is apparently an order of grant of licence to a contractor- respondent No.5. Being an aggrieved person, the statutory remedy under Section 15 of the Contract Labour Regulation and Abolition Act, 1970 ( for short 'the Act') is available to the petitioner.

An alliterative efficacious remedy being available to the petitioner, the writ petition is not maintainable, as such the same is dismissed, relegating the petitioner to the alternative remedy. The provisions of Section 15 of the Act enables the Appellate Authority to entertain the appeal after the expiry of the period. The petitioner may avail the alternative remedy by filing an appeal along with an application for condonation of delay. The petitioner may take advantage of Section 14 of the Limitation Act.

April 18 ,2017 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2017.04.19 14:30 I attest to the accuracy and integrity of this document