RAJU MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-Court appeal by the writ petitioners is directed against the order passed by the learned Single Bench in W.P. No. 20171(W) of 2005 dtd. 23/6/2015. The writ petition was filed by the appellants for issuance of a writ of mandamus to direct the respondents and in particular the Kolkata Port Trust to appoint the appellants on regular basis for the purpose of maintenance, laying, linking, changing etc. of railway tracks stretching for 78 kilometres within the Port Trust area.

(2.) The case of the appellants is that they have been employed by the Port Trust for the purpose of carrying on the maintenance, laying, changing etc. of railway tracks and they have been continuing in employment for several years and the work is perennial in nature and he contention of the Port Trust that they are not direct employees of the Port Trust but are the employees of a contractor is a stand, which is not acceptable and cannot be taken.

(3.) Further, the appellants had pointed out that the appropriate authority under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (for short, 'said Act') exercised its powers under sec. 10(1) of the said Act and have prohibited the employment of contract labour in the work of sleeper renewal of railway tracks, repairing, restoration and railway tracks establishments in the Kolkata Port Trust. Therefore, it was contended that they are entitled for regular absorption.