1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 141 OF 2010 IN WRIT PETITION NO. 309 OF 2001 Anand Harishchandra Gurav & Ors. .. ... Petitioners. Versus Indian Oil Corporation Ltd. & Ors. .. ... Respondents. Mr. M. S. Topkar i/by Mr. R. B. Sawant for the Petitioners. Mr. M. I. Sethna, Sr. Counsel with Mr. H. V. Mehta for Respondent Nos.3 & 4. CORAM : F.I. REBELLO & A. A. SAYED, JJ. DATED : 22ND MARCH, 2010 P. C.: It is the case of the petitioners in Writ Petition No. 309 of 2001 that respondents have breached the condition imposed by this Court while disposing of the writ petition by order dated 8th June, 2001. 2. The petitioners, admittedly, were contract labourers. This Court directed a reference. In view of the judgment of the Supreme Court the law as it now stands i.e. only the Competent Authority can abolish contract labour system and that is the Appropriate Government acting on the decision of the Committee. That exercise has not been taken. 3. It appears, there was a meeting in the matter of making a reference and by letter of 16th February, 2010 it is recorded that both parties agreed 2 to negotiate and settle the matter among themselves. 3. Considering the law as it now stands, the question of making a reference would not arise. Even otherwise, this notice of motion has been taken out in a petition that is already dismissed and that too after nine years. Hence, notice of motion is not maintainable, and is dismissed as such. 4. If the applicants in the notice of motion have any other independent remedy, they may pursue that remedy by any independent proceedings as they may be entitled to in law. 5. With the above observations, the notice of motion is disposed of. Sd/- (F.I. REBELLO,J.) Sd/- (A. A. SAYED, J.)