- (1.) RAKESH Tiwari, J. Heard Counsels for the parties and perused the record.
(2.) THE petitioners are permanent employees of Advance Air Conditioning Works (Pvt.) Ltd. , Kanur (hereinafter referred to as 'the Contractor Company'), a company registered under the Companies Act, 1956 which has undertaken work of maintenance of HVAC system, split and window Air Conditioning, Water Coller Machines and Refrigerators at GAIL Compressor Station, Dibiyapur. By the impugned orders, Gas Authority of India Ltd. , (hereinafer referred to as 'the GAIL') a Government of India undertaking has informed the petitioners that since they are permanent employees of Contractor, their services cannot be regularized by GAIL in their establishment. Aggrieved by the impugned orders, the petitioners have invoked writ jurisdiction by means of this writ petition. Apart from other prayers, the petitioners have also prayed for a direction in the nature of mandamus commanding the respondents to regularize their services in GAIL.
(3.) THE Contractor Company was also registered under EPF and Miscellaneous Provisions Act, 1952 with Regional Provident Fund Commissioner Kanpur (for short 'rpfc') having PF Code Number UP 20803. THE Company also deposits PF contributions with RPFC Kanpur in respect of employees working with them as per the copies of challan submitted by the Company from time to time. Gail is a Government of India undertaking engaged in the work of maintenance of storage, distribution and production as well as system relating with gases etc. including maintenance of HVAC system, Split and window Air Conditioning, Water Coller Machines and Refrigerators. From the contract between the Contractor Company and Gail, it appears that as and when any Air Conditioner, Water Cooler, Machine, Split/window Air Conditioner and HVAC system gets out of order or any problem is detected, Gail informs the Company which, in turn, deputes its own employees, i. e. , the petitioners for repair/rectification of defects. The said work, including change of parts etc. , is taken up by the Contractor Company at is establishment either at Dibiyapur or Kanpur and after rectification of the defects, the Company installs/fixes these items at Compressor Station, Dibiyapur. The said repairing or maintenance work of Air Conditioning, Water Coller Machines, Split Air Conditioning etc. , is being done with complete supervision of the Company at its establishment.;