A.K.Mitra, J. - (1.) This writ petition has got a chequerred history. The petitioner No. 1 is a labour contract and construction co-operative society. The member of the petitioner's Society are of contractor's labour and they are engaged in different kinds of job in different places under Sealdah Division Eastern Railway and under the overall administrative control and management of Senior DME(Power). The respondent No. 6 herein since 1970 to 1981.
(2.) Initially, a tender was called from the railway administration Sealdah from the contractors for supply of labour for different kinds of job under the said Sealdah Division and after the acceptance of the Tender the LOCO-Foreman of Chiptur Yard directed the contractor to submit the list of labourers and it was submitted and the list has been made annexure 'A' to the writ petition. The claimants herein are said labourers as mentioned in annexure 'A' to the writ petition. According to the petitioner the labourers were given 'token' as an identity in the name of contractor by the Loco-foreman Chitpur Yard. More than nineteen years the petitioners' labourers have been worked since 1970.
(3.) Since the services of the petitioner's labourers (hereinafter terms as "said labourers") were not regularised they moved a writ petition being W.P. No. 14793 (W) of 1988 praying for absorption under Sealdah Division as Group 'D' employees considering their length of service as contractor's labourers. The said writ petition came up for hearing before Hon'ble Justice Altamas Kabir and on 10.09.1998 His Lordship disposed of the writ petition with the following order:- "Having considered the submission made on behalf of the respective parties and the two decisions of the Hon'ble Supreme Court referred to and relied upon by Mr. Panja, I dispose of this writ application with a direction upon the petitioner No. 1 to submit a list of candidates who claimed to be eligible for absorption in keeping with the guidelines in the two cases before the Hon'ble Supreme Court within two weeks from date. If such a list is submitted the Railway authorities shall take steps to scrutiny the said list for the purpose of ascertaining the eligibility of the persons concerned to be considered for absorption in the vacancies, said to have been declared in Group 'D' posts under the respondents and upon such scrutiny, the respondents shall consider and dispose of the claims of the said candidates if covered by the guidelines as formulated by the Hon'ble Supreme Court and in the two above mentioned cases within three months from the date of submission of the list of candidates as indicated hereinabove". The said judgment and order passed by the Hon'ble Justice Altamas Kabir had been made annexure 'B' to the writ petition.";