ARUN KUMAR MITRA, J. - (1.) This writ petition relates to the claim for absorption/regularization of the employees of Consumers Co-operative Society. Facts in brief are inter alia as follows:
(2.) Some of the employees working in the Indian Iron & Steel Co. (hereinafter termed as said Company) in its Burnpur and Kulti units formed a Co-operative Society under name and style "IISCO Employees Primary Co-operative Stores Ltd. Burnpur". The said Co-operative Society got registered under the provisions, of West Bengal Co-operative Societies Act, 1973. The Bye Laws of the Primary Co-operative Stores, Burnpur provided that membership is open to the individual employees of Indian Iron & Steel Co. Ltd. and of die State Government.
(3.) For the purpose of carrying on its different activities, the said Co-operative stores employed some workmen in its different units and establishments both at Burnpur and Kulti with their service conditions governed by the rules framed under the West Bengal Co-operative Societies Act. 1973. These employees employed by the Co-operative stores subsequently claimed regularization and/or absorption under Indian Iron & Steel Co.. The said Company represented their cases before the Assistant Labour Commissioner contending inter alia that the employees/ Workmen working in the Co-operative stores were never employed and/ or deployed and/or appointed and are engaged by the petitioner Company.;