Baratang Forest Worker Union And Another v. P.Subramanyam

1.

sg (Circuit Bench at Port Blair) (Via Video Conference) CPAN 8 of 2022 In MA 36 of 2020 Baratang Forest Worker's Union & Anr.

Versus

P. Subramanyam Mr. Gopala Binnu Kumar, Adv.

...for petitioners Mr. Shatadru Chakraborty, Adv.

Mr. Dibesh Dwivedi, Adv.

...for the respondent

1. The affidavit of compliance filed on behalf of the respondent is 22-11-2024 Ct. 12 taken on record.

2. It appears from the affidavit of compliance that the services of 121 Daily Rated Mazdoors have been regularized in terms of the Office Letter No. F.16(E)/40/211 dated 21st May, 2015. However, it is being argued on behalf of the petitioners that their date of regularization should be on and from the date when their services have been availed of by the Administration.

3. However, this issue cannot be considered in this contempt application. It appears that in terms of the Office Letter No. F.16(E)/40/211 dated 21st May, 2015, a scheme was floated for regularization. Pursuant to the observation of the Hon'ble Supreme Court in the case of Secretary, State of Karnataka & Ors. vs. Umadevi & Ors. reported in (2006) 4 SCC 1 in a Special Leave Petition arising out of an order dated 14th October, 2020 which was dismissed by The Hon'ble Supreme Court on 9th March, 2021, the

proposal to regularize was accepted by the administration.

4. In view of the said affidavit of compliance, we do not wish to proceed any further with the contempt application and we record compliance of our order dated 14th October, 2020.

5. However, any further relief to which the writ petitioners are entitled in law, shall not be foreclosed by reason of acceptance of the affidavit of compliance in this proceeding.

6. The contempt application is disposed of accordingly. However, there shall be no order as to costs.

(Soumen Sen, J.) (Shampa Sarkar, J.)