SUJAN BANEREE Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal and the stay application were taken up for hearing together having regard to the fact that the matter involves a short question of law. The appellants/writ petitioners who were 16 in number filed a writ application claiming, inter alia, the following reliefs:

(2.) The petitioner Nos. 1 to 15 were initially appointed as Data Entry Operators and petitioner No. 16 as peon. They had been deployed in. International Air Complex (Import and Export Division) of Calcutta Customs at Netaji Subhas Chandra Bose International Airport. Admittedly, the matter relating to electronic data interchange system was entrusted to Computer Maintenance Corporation Limited, which in turn had entered into an agreement with the respondent No. 6 at the first instance and then with the respondent No. 5 herein. The respondent No. 5 herein accepts the petitioners as its own employees. The terms and conditions of such employment are: "1. You will be paid a gross salary of Rs. 2100/- per month consisting as follows: <FRM>JUDGEMENT_470_LLJ2_2001Html1.htm</FRM> Normal Deductions as per Company Rules will be effected. 2. PF, ESI coverage will be provided as per rules. 3. You will be paid Bonus as per Bonus Act subject to maximum of Rs. 2,100/-. 4. This is a transferable job and we may transfer you to any part of India giving you 7 days' notice. 5. Your appointment can be terminated by giving one month's notice from either side. 6. Please confirm by placing your signature on the copy of this letter that you have clearly understood that you will remain a staff number of our organisation only, and at no point of time there will be any employer employee relationship of yours with our valued customer/client CMC Limited."

(3.) Some of petitioners were transferred to Chichira Check Post as Data Entry Operators on or about June 23, 2000, whereafter the instant writ application has been filed.