- (1.) The appeal and the stay application were taken up for hearing together having regard to the fact that the matter involves a short question of law. The appellants/writ petitioners who were 16 in number filed a writ application claiming, inter alia, the following reliefs: "a) A writ of and/or Order and/or direction in the nature of Mandamus do issue commanding and/or directing the respondents authorities to regularise and/or absorb the petitioners in the service of the customs authorities for the post of Entry Data Operator in respect of the petitioners No. 1 to 15 and Peon in the case of petitioner No. 16 and to act in accordance with law; b) A writ of and/or Order and/or direction in the nature of mandamus do issue commanding and/or directing the respondents No. 1 and 2 to consult with the Central Board under the provisions of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 for prohibition of employment of contract labour in the job undertaken by the petitioners which is perennial nature in the establishment of the respondent No. 13, by notification in the Official Gazette and to direct for regularisation and or absorption of the petitioners in the service of the respondent following the decision of the Hon'ble Supreme Court reported in (Air India Statutory Corporation v. United Labour Union Ors. followed by the decision reported in Secretary, Haryana State Electricity Board v. Suresh and Ors. and to act in accordance with law;"
(2.) The petitioner Nos. 1 to 15 were initially appointed as Data Entry Operators and petitioner No. 16 as peon. They had been deployed in. International Air Complex (Import and Export Division) of Calcutta Customs at Netaji Subhas Chandra Bose International Airport. Admittedly, the matter relating to electronic data interchange system was entrusted to Computer Maintenance Corporation Limited, which in turn had entered into an agreement with the respondent No. 6 at the first instance and then with the respondent No. 5 herein. The respondent No. 5 herein accepts the petitioners as its own employees. The terms and conditions of such employment are: "1. You will be paid a gross salary of Rs. 2100/- per month consisting as follows: JUDGEMENT_470_LLJ2_2001Html1.htm Normal Deductions as per Company Rules will be effected. 2. PF, ESI coverage will be provided as per rules. 3. You will be paid Bonus as per Bonus Act subject to maximum of Rs. 2,100/-. 4. This is a transferable job and we may transfer you to any part of India giving you 7 days' notice. 5. Your appointment can be terminated by giving one month's notice from either side. 6. Please confirm by placing your signature on the copy of this letter that you have clearly understood that you will remain a staff number of our organisation only, and at no point of time there will be any employer employee relationship of yours with our valued customer/client CMC Limited."
(3.) Some of petitioners were transferred to Chichira Check Post as Data Entry Operators on or about June 23, 2000, whereafter the instant writ application has been filed.;