Bose, J. - (1.) This is an application under Article 226 of the Constitution for appropriate Writ or direction upon the respondents (opposite parties) to show cause why certain contracts mentioned in the petition should hot be cancelled and why the opposite parties should not forbear from levying certain license fees upon the petitioners and also forbear from compelling the petitioners to do Begar or forced labour at the Howrah Railway Station.
(2.) The petitioners are two licensed porters at Howrah Railway Station and hold licenses issued to them by Ballabhdas Agrawal who is a Railway Contractor under the East Indian Railway and opposite party No. 4 in this application. The opposite party No. 4 supplies and arranges daily attendance of porters at Howrah Railway Station under a contract entered into with the East Indian Railway administration. The terms and conditions in such contract have been varied from time to time and a copy of the present contract which governs the relations between the opposite party No. 4 and the Railway administration is annexed to the affidavit filed on behalf of the Union of India. It Is 'inter alia' provided in the said contract that: "(a) the Contractor shall supply and arrange the daily attendance of approximately 900 porters for the purpose of carrying passengers' luggage and belongings and for the purpose of supervising their work such number of Mates, Supervisors and Sardars as will be determined adequate by the Railway Administration. The number of porters is however subject to revision by the Administration from time to time as may be found necessary due to change in the circumstances. (b) The Contractor shall also employ temporary porters, not exceeding 435 in addition to the number mentioned in Clause (a), during an emergency, to meet any unexpected rush. (c) The Contractor shall also arrange 90 porters called Parcels porters daily for conveyance of parcels traffic from godowns and offices to different platforms and loading same in the breakvans of trains and also loading and unloading of parcels, cash safes and various other works mentioned in the contract. (d) The Contractor shall also supply from amongst the licensed porters mentioned in Clauses (a) and (b), for performing the various works to be done by the parcels porters, if required to do so by the Railway Administration. Such men should be booked in proper rotation only and no man should be employed for this work for more than two hours a day. (e) The Contractor shall be permitted to levy on each of the licensed porters a license fee not exceeding Rs. 3/- per month to cover supervisory and other overhead charges. (f) The Contractor shall enter into an agreement in the form annexed, with each and every porter. (g) The Contractor shall see that no licensed porters demand higher charge for carrying luggages of passengers than is prescribed in the contract. (h) The Contractor shall be paid by the Railway administration a monthly subsidy not exceeding Rs. 5,000/- and out of the said sum the contractor shall pay to the 90 parcels porters at the rate of Rs. 1/8/- per man per day and the contractor shall be entitled to retain a sum not exceeding 25 per cent of the total amount paid by him to the parcels porters for supervisory charges, profits etc. (i) The Contractor will be paid in addition an amount equivalent to the salary of 60 men per month at the rate of Rs. 1/8/- per man per day, i.e. Rs. 2700/- per month to remunerate the licensed porters engaged in handling parcels as required under Clause (d) aforesaid. The entire additional subsidy of Rs. 2700/- per month will have to be disbursed amongst the licensed porters in proportion to the main hours put in by them in handling parcels etc."
(3.) The contract which a licensed porter is required to enter into with the opposite party No. 4 in pursuance of the parent contract provides 'inter alia' as follows: "(a) I will pay you between the 1st and 8th day of each month a license fee of Rs. 3/-only and in default of payment I will not be permitted to work as a porter as aforesaid. (b) I will perform railway porterage work such as handling booked luggage and parcel at Howrah Station at least two hours every day as directed by you or by your supervisors, sardars or Mates. I agree to do this in further consideration of your not charging a higher licence fee than Rs. 3/- per month as aforesaid. (c) I will give you one week's notice before I cease to work as a porter as aforesaid and I will be given one week's notice before you revoke my licence.";