Arun Kumar Mitra, J. - (1.) Petitioner herein claims that he was engaged by a contractor to work at Durgapur Steel Plant Project in the year 1978 and he had worked in Sleeper plant cleaning site at Durgapur Steel Plant as labour. In this writ petition it has been stated that Durgapur Steel Plant engaged contractor and who in turn employed number of labours like the petitioner and they used to work under the contractors in various sites of Durgapur Steel Plant. Steel Authority of India had issued labour identity slip in favour of those contractors years after year. In favour of the petitioner also such identity slip was being issued year after since 1978. According to the petitioner, though he was engaged by a contractor he enjoyed over facility available to the employee of Durgapur Steel Plant including Provident Fund facility. Durgapur Steel Plant had opened Provident Fund for the year ending 31.3.1991 in the name of the petitioner. The petitioner had been working as helper in sleeper and fishplate finishing plant of Durgapur Steel Plant and since he was engaged by contractor under shadow contract he had to obtain necessary permission from the authority concerned year to year. The petitioner has annexed identity slip as well as copy of Provident Fund Statement. According to the petitioner, contract labours had been employed M/s. Durgapur Steel Plant to work in all sorts of cleaning jobs and operations allowed or incidental thereto and these contract labours used to draw monthly remuneration but they had not been treated as employee under Steel Authority of India, Durgapur Steel Plant. Govt. of West Bengal through a notification dated 22.5.1982 prohibited employment of contract labour. Copy of the said notification has been annexed as Annexure-'C'. The said notification was made effective from 1.3.1982. On the basis of the said Circular dated 22.2.1982 the authority concerned decided to employ the contract labour as whole time workman in Durgapur Steel Plant and as such, Chief Personnel Manager sent an interview letter to' the petitioner asking him to appear before the Selection Committee on 25.2.1985. The said letter has been marked Annexure 'D' to the Writ Petition. The petitioner appeared before the Selection Committee on 25.2.1985. No result of the said interview was communicated to the petitioner but he was allowed to work for Durgapur Steel Plant as before as unskilled worker in sleeper and fishplate finishing plant. The petitioner had worked in the said capacity till September, 1991 without any break. After about 5 years from the date of interview on 2.5.1991, the respondent directed the petitioner to appear before the Medical Board and he duly appeared. The petitioner was selected by the Selection Committee. He was allowed to continue to work though there was no provision of contract labour in Durgapur Steel Plant.
(2.) The work done by the petitioner is not seasonal. He had worked as contract labour for long years. The worked done is of perennial in nature and master-servant relationship was established. On 2.5.1991 the petitioner along with other contract labours appeared before the Medical Board and all on a sudden on 1.10.1991 the Steel Authority of India Ltd. informed that the petitioner has been declared medically unfit and as such the work of the petitioner has been terminated with effect from 1.10.1991. Copy of the said communication Memo is Annexure 'E' to the Writ Petition. Though the petitioner was medically fit but he was declared unfit only for the purpose of depriving him from getting employment in Durgapur Steel Plant permanently. The petitioner got himself examined by Superintendent, Durgapur Sub-Divisional Hospital as to whether he is medically or physically fit and mentally alert and the Superintendent of Hospital after examining the petitioner granted him a certificate that he is physically and mentally alert for any job. Copy of the certificate is Annexure - 'F' to the Writ Petition. The Superintendent, Sleeper and F.P.F.O. Section granted a certificate that the petitioner is very sincere and his conduct was also good. Copy of the certificate is Annexure -'G' to the Writ Petition.
(3.) When the petitioner was declared medically unfit and after he got a certificate by the Govt. Doctor of Durgapur S.D. Hospital declaring him physically fit and mentally alert the petitioner made an appeal before the authority concerned along with a copy of the fit certificate granted by the Sub-divisional Hospital, Durgapur along with other contract labour. On the basis of the said appeal the authority concerned reviewed the cases of the contract labours including the petitioner. Accordingly the Deputy Chief Personal Manager (Project) through his Memo dated 6.4.1992 requested the petitioner and other similar notified job workers to appear for medical re-examination in D.S.P. main hospital as per dates noted . On the basis of said Memo the petitioner was directed to appear on 29.5.1992 for re-medical examination and the petitioner duly appeared at the date fixed. Copy of the said Memo is Annexure 'H'. The petitioner deposited Rs. 60/- for re-examination fees and appeared before the Medical Board. He was re-examined but no report of Medical Report was sent to the petitioner. Nothing was informed to the petitioner as to whether the case of the petitioner has been reconsidered or not. Since the petitioner was not given the job even after re- examination by the authority the petitioner sent a representation to the authority on 28.9.1992 requesting them to inform him as to whether he will get back his job or not. Getting no reply the petitioner sent another representation through his learned lawyer dated 25.11.1992 and requested the authority to set aside the impugned order dated 7.10.1992 and reinstate the petitioner into his service within fifteen days from the date of receipt thereof. But no step has yet been taken by the authority concerned and no result of medical re-examination held on 25.9.1992 has been sent till date.;