Vineet Saran, J. - (1.) Since all these writ petitions are knit together by similar facet of controversy, based on common questions of fact and law, they have been heard together, and are being disposed of by a common judgment. Civil Misc. Writ Petition No. 48316 of 2004 shall be treated as the leading petition. Counter and rejoinder affidavits have been exchanged in the leading writ petition, which shall be referred to in this judgment, Some short counter affidavits and rejoinder affidavits have also been filed in certain other writ petitions, but not in all. With the consent of the learned Counsel for the parties these writ petitions are being disposed of at the admission stage itself.
(2.) I have heard both the sides at length on various dates. Sri V.K. Singh, learned Counsel for the petitioners in the leading writ petition, led the arguments on behalf of the petitioners, and the other Counsel appearing for the petitioners in all other writ petitions have adopted the same. Similarly, the arguments on behalf of the respondent-HP. State Road Transport Corporation (hereinafter referred to as the Corporation) were advanced by Sri Sameer Sharma, Advocate and all other Counsel appearing for the Corporation in the other writ petitions have adopted his arguments. Learned Standing Counsel appearing for the State of U.P., impleaded in some writ petitions, has also adopted the arguments of Sri Sharma.
(3.) The petitioners in all the writ petitions are drivers who had been engaged by the Corporation for driving their buses, on contract basis, on payment of 35 paise per kilometer. All contract drivers, such as the petitioners, have been continuing to work with the respondent-Corporation for several years ranging from 2 to 8 years. The contracts of those whose work was not found satisfactory have been terminated, but where the Corporation found the working to be satisfactory (such as the petitioners), they were allowed to continue to work on contract basis. Such contract drivers were not engaged on every working day but only when requirement for such work arose. From the pleadings it appears that the average working days of such contract drivers was between 150 days to 300 days in a year, as per the details given in paragraph 24 (a) to 24 (o) of the writ petition, which has not been categorically denied in the counter affidavit.;