Ashim Kumar Banerjee, J. - (1.) The writ petitioners were the security guards engaged by a security agency. The said security service agency was entrusted to safe- guard the assets of Tata Iron and Steel Company Limited (hereinafter referred to as TISCO)a private organisation.
(2.) It is the case of the petitioners that although they were engaged by the security agency, in fact, they discharged their duty as per the dictation of the principal employer and as such, they were entitled to be absorbed in the permanent employment under the principal employer. The issue was referred to the Assistant Labour Commissioner. The report of the Assistant Labour Commissioner has been annexed to the petition and appearing at page 41 thereof. The relevant extract of the report is quoted below: "All the parties to this dispute are present. The contractor is represented by his father Shri D.N. Singh. the principal Employer is represented by Mr. Burma, Manager (Personnel)while the employee appear personally. The matter is discussed fully. Shri Singh says that as there is the question of permanency under the principal employer he has nothing to do in that respect. The representative of the principal employer submits a letter stating that they have nothing more to say as they have submitted their comments. in writing vide letter No. POH/GN-48/406/98 dated 27.2.98 and POH/Writ/1108/98 dated 1.6.98 addressed to Asstt. Labour Commissioner Haldia. Employees want permanency under the Principal Employer. The meeting is concluded." Since the prayer for permanency was not resolved before the conciliation officer the writ petitioners have approached this court by way of the present writ petition. A writ of Mandamus has been asked for commanding the state to direct the Principal Employer for making a scheme for absorption in regular employment.
(3.) Mr. Gopal Chandra Mukhegee, learned Senior Counsel, appearing for the petitioners, submits that the State is duty bound to attend to the complaint made by the petitioners and he is entitled to a writ in the nature of mandamus asking the State to exercise its discretion under Section 10 of the Contract Labour (Regulation and Abolition)Act, 1970.;