HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 18922 of 2013 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This writ petition is directed against order dated 19.12.2012 passed in Original Application No. 1744 of 2012 whereby the Original Application was disposed of at the admission stage. 2. The Original Application was filed seeking relief qua respondent no. 4 in the Original Application i.e. Railway Sahakari Shram Samvida Samiti, Tundla, Firozabad to send the applicants' names and records regarding period of work as contract labour with respondent no. 2 in the Original Application i.e. Divisional Railway Manager (Commercial), Northern Central Railway, Allahabad and issue an order against the Assistant Labour Commissioner (Central), Labour Court, Lucknow to verify the names and records of the applicants and send their names to the Divisional Railway Manager (Commercial), Northern Central Railway, Allahabad for screening. 3. When the Original Application came before the Tribunal, submission was made that Tribunal in Original Application No. 179 of 2012, has disposed of the Original Application at admission stage by giving directions and the matter being identical, the same be allowed. 4. A preliminary objection though was raised on behalf of the petitioners herein, the Original Application was disposed of. Feeling aggrieved, the present writ petition has been filed. Versus Counsel for Petitioner(s) : Navaneet Chandra Tripathi Counsel for Respondent(s) : Bajrangi Mishra, D. Kumar. Misra, P.S. Pandey, Rajesh Kumar Dubey, S.C., Subhasis Halder, Virendra Nath Pandey Union of India and another .....Petitioner(s) Madhup Kumar and 14 others .....Respondent(s) 5. Initially, the writ petition came to be dismissed by order dated 08.05.2018. However, in review petition filed by the petitioners by order dated 04.08.2025, the review petition was allowed and the order dated 08.05.2018 was recalled. 6. Counsel for the petitioners submitted that the order impugned was passed essentially following the order in Original Application No. 179 of 2012 against which Writ-A No. 20801 of 2013 was filed, which was allowed by judgement dated 15.05.2018, whereby the matter was remanded back to the Tribunal and therefore, the present petition also deserves to be allowed as Tribunal has simply followed the order passed in Original Application No. 179 of 2012. 7. Further submissions have been made that after remand, the Original Application No. 179 of 2012 continues to remain pending before the Tribunal as apparently none of the parties have brought the fact of remand to the notice of the Tribunal. 8. Counsel for the respondents though has filed application for bringing on record the documents pertaining to Original Application No. 179 of 2012, it is not disputed that the order passed in Original Application No. 179 of 2012 has been set aside and though the matter was remanded back to the Tribunal, the same has not been taken up on account of indifference on part of the parties. 9. In the overall fact situation of the case, wherein it is apparent that the order passed in Original Application No. 179 of 2012, which was followed by the Tribunal while passing the order impugned dated 19.12.2012 has been set aside and the matter has been remanded back, the order impugned following the said order cannot be sustained. 10. Consequently, the writ petition is allowed. The order dated 19.12.2012 is set aside. 11. The matter is remanded back to the Tribunal for deciding the same afresh after counter affidavit is filed to the Original Application by the petitioners herein/respondents in the Original Application. The parties shall appear before the Tribunal in the first instance on 08.12.2025. WRIA No. 18922 of 2013 2 Whereafter, the Tribunal shall proceed further in the matter. September 26, 2025 Sazia/nd WRIA No. 18922 of 2013 3 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad