- (1.) THIS is an appeal from the judgment and order of the learned Single Judge made in the exercise of the constitutional Writ jurisdiction of this Court. The appellant National Textile Corporation, (WBABO) Ltd. , (hereinafter also referred to as N. T. C.) appointed the respondents nos. 1 to 4 between l3ith July, 1983 to 7th January, 1984, as trainees for different posts. Plaban Kumar Das was selected as trainee supervisor (SQC), Mritunjoy Samaddar was selected as a trainee for the post of supervisor (Electrical), Ranjit Kumar Ghosh was selected as a trainee supervisor (Legal) and Partha Chatra borty was selected as a trainee (Internal audit): The initial selection as trainee in all these causes was for a period of one year from the respective dates of their selection. The terms and conditions inter alia provided that they will get during the said period of one year a stipend of rs. 500/ -. They were also directed that they will be posted to different factories of the appellant during the training period.
(2.) THE important term which is incorporated in all the aforesaid letters of selection and on which reliance has been placed on behalf of the appellant n. T. C. is as follows: " It may please be noted that it is not obligatory on the part of the corporation to absorb you on regular basis after completion of the training period " The said respondent trainees were directed to join at different factories from the dates given in the respective letters by which the selection was made. According to the respondents they were being threatened by local people and employees and they did not report for duty at their respective places as directed in the letter of appointment. It appears that the respondents writ petitioners have educational background for being taken as trainees for the respective supervisory posts. The writ petitioners have stated in their petition that although the writ petitioners ware directed to join in the Mills in the appointment letter, the petitioners were not allowed to join in the Mills and actually were directed by the. concerned officers of the Mills to join at the personal Management Division. According to the writ petitioners they joined the Personeel Management Division, being obstructed by the respective Mill heads. The fact remains that the writ petitioners pursuant to their selection. as trainees were retained by the National Textile Corporation for a period extending to about 7 years and during this period they were being paid. the stipends as trainees for the respective posts for which they were selected to join as supervisors. During all these periods they were retained and paid stipends by the National Textile Corporation, as trainees for the respective supervisory posts as mentioned in the respective letters for selection as trainees. It appears also from the records produced on behalf of the National Textile Corporation that Provident Fund was also deducted and that they were paid extra money also for the period from January 1, 1990 subject to adjustment. On or about 11th May, 1990 the appellant National Textile Corporation issued letters of appointment to the respondents. By the said letters it was inter alia, intimated to each of the respondents that the management had been pleased to absorb each of them in the post of sales-man on various terms and conditions as specified in the said letters.
(3.) THE instant writ petition was moved by the respondents to this appeal inter alia, praying for issuance of a writ in the nature of mandamus commanding the respondents, that is, the appellant herein to absorb and regularize the petitioners in the post of supervisors and/or posts mentioned in the appointment letter from the date of completion of training period and to grant seniority from the date and fix the scale of pay to the writ petitioners at the rate of Rs. 425/- to Rs. 700/- and pay all arrears accordingly. The writ petitioners also prayed that they be treated as supervisors and they should be placed in the office on and form January 1, 1990 and various other reliefs.;