JOYDEB CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners were the security guards engaged by a security agency. The said security service agency was entrusted to safe- guard the assets of Tata Iron and Steel Company Limited (hereinafter referred to as TISCO)a private organisation.

(2.) It is the case of the petitioners that although they were engaged by the security agency, in fact, they discharged their duty as per the dictation of the principal employer and as such, they were entitled to be absorbed in the permanent employment under the principal employer. The issue was referred to the Assistant Labour Commissioner. The report of the Assistant Labour Commissioner has been annexed to the petition and appearing at page 41 thereof. The relevant extract of the report is quoted below:

(3.) Mr. Gopal Chandra Mukhegee, learned Senior Counsel, appearing for the petitioners, submits that the State is duty bound to attend to the complaint made by the petitioners and he is entitled to a writ in the nature of mandamus asking the State to exercise its discretion under Sec. 10 of the Contract Labour (Regulation and Abolition)Act, 1970.