DUBAR GOALA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for appropriate Writ or direction upon the respondents (opposite parties) to show cause why certain contracts mentioned in the petition should hot be cancelled and why the opposite parties should not forbear from levying certain license fees upon the petitioners and also forbear from compelling the petitioners to do Begar or forced labour at the Howrah Railway Station.

(2.) The petitioners are two licensed porters at Howrah Railway Station and hold licenses issued to them by Ballabhdas Agrawal who is a Railway Contractor under the East Indian Railway and opposite party No. 4 in this application. The opposite party No. 4 supplies and arranges daily attendance of porters at Howrah Railway Station under a contract entered into with the East Indian Railway administration. The terms and conditions in such contract have been varied from time to time and a copy of the present contract which governs the relations between the opposite party No. 4 and the Railway administration is annexed to the affidavit filed on behalf of the Union of India. It Is 'inter alia' provided in the said contract that:

(3.) The contract which a licensed porter is required to enter into with the opposite party No. 4 in pursuance of the parent contract provides 'inter alia' as follows: