THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No :4232 of 2001 ORAL ORDER: (Per Hon’ble Smt. Justice T. Mena Kumari) In this writ petition, the petitioner seeks a mandamus to declare the action of the respondents in not absorbing him into service along with other contract labour, who were engaged for the same work as illegal, arbitrary and for a further declaration declaring the action of the respondents in not considering his case on the ground that the petitioner worked as Leave Reserve is highly illegal arbitrary and violative of Article 14 of the Constitution of India and contrary to the judgment made in writ Petition No. 6667 of 1999, dated 14.3.2000. . According to the petitioner, he was engaged as contract labour, as leave reserve in respect of the works at KTPS, Clarifier (B Station) from April,1993 to January, 1997 three times. According to the petitioner, the Government issued G.O. Ms. No.41, dated 23.9.96 abolishing the contract labour system in 33 categories of employment in the respondent organisation. As a consequence, the Board also issued B.P. Ms. No. 37 directing absorption of contract labour. Petitioner states that since he was engaged as contract labour, he is entitled to be considered for absorption. He further stated that when similarly situated persons approached this Court by way of Writ Petition No. 6667 1999, this Court allowed the said writ petition and directed the respondents therein to consider their cases for absorption without reference to the fact that they were engaged as leave reserve, if they fulfil the other conditions. Since the respondents are not considering his case for absorption, he filed the present writ petition. A counter affidavit has been filed by the respondents stating that the petitioner worked as leave reserve contract labour during April, 1993 to January 1997 through the contractor M/s. Cemco. They also stated that as the petitioner worked as contract labour for 131 days, his name was not included in the list. Having heard the learned counsel for the parties and having gone through the counter affidavit filed by the respondents as well as the order of this Court in Writ Petition No. 6667 of 1999, dated 14.3.2000, we feel it appropriate to direct the respondents to consider the case of the petitioner for absorption, without taking into account the fact that the petitioner worked as leave reserve, if he fulfills the other conditions of eligibility. Accordingly, the writ petition is disposed of with a direction to the respondents to consider case of the petitioner for absorption without reference to the fact that the petitioner was engaged as leave reserve, if he fulfills the other conditions of eligibility, expeditiously. No costs. ___________________ T.MEENA KUMARI,J Date: 17th August, 2010 __________________________ GOPALA KRISHNA TAMADA pnb