M.Katju, J. - (1.) This petition had been dismissed for default by the order dated 2.12.1997 and the restoration application was also dismissed for default. I have restored the petition and heard the petition on merits today and find no merit in the same.
(2.) The petitioner prayed for appointment as Labours Grade II and III in the service of the respondent and for salary. In paragraph 2 of the petition it is alleged that the petitioners have been working from 10 - 15 years as contract labour and are getting salary of Rs. 1000/- per month. It is alleged that a selection was held in 1992 for Labour Grade II and III and it is also stated that the petitioners were selected but they have not been given appointment.
(3.) A counter affidavit has been filed by the respondents. In paragraph 3 of the counter affidavit it is stated that the petitioners have no right to get employment in the establishment of the respondent. In paragraph 4 of the counter affidavit it is stated that the petitioners have not disclosed the name of the contractor with whom they have been working. Moreover, the respondents have no direct control on the manner of engagement of the contract labour. It is also denied that the respondents ever gave any assurance of employment. In paragraph 5 of the counter affidavit it is stated that the respondents have no knowledge whether the petitioners have been working in the establishment as contract labour or not. In paragraph 6 it is stated that since there was no requirement in disciplines like Mechanical, Electrical and Instrumentation arose none of the candidates including the petitioners were offered any appointment. In paragraph 8 of the petition it is stated that so called selected candidates were only put on the panel and no appointment or offer was given to them. After a lapse of reasonable time the panel automatically stands void. In paragraph 11 of the counter affidavit it is stated that in 1985 after a lapse of three years respondents expressed inability to consider the cases of the petitioners. The petitioners were never given any assurance of employment. In paragraph 18 it is stated petitioners were only empanelled for the posts of Shramiks grade III for meeting the requirement of Mechanical, Electrical and Instrumentation disciplines and since no requirement arose in those disciplines none of the candidates including the petitioners were offered any appointment.;