Satyabrata Sinha, J. - (1.) The petitioner in this writ application has, inter alia, prayed for the following reliefs: "a) A Rule do issue out and under seal of the Hon'ble High Courf asking the respondents and each one of them to show cause as to why a writ in the nature of mandamus shall not be issued commanding them thereby to incorporate the name of the petitioner in the Contractors' labour seniority list upon mentioning his Provident Fund Account No. at Sl No. 219 and thereby pass, an order directing the respondents mostly Durgapur Project Ltd. Authorities to absorb the petitioner as per Government Order dated March 12, 1996 under Memo No.269-Power/ IV issued by the Joint Secretary, Government of West Bengal, Department of Power as per seniority of the petitioners, and thereby pass an order directing the Durgapur Project Ltd. Authorities to engage the petitioner as a Contract labourer as an 'Electrician' until and unless the petitioner is not being absorbed as a regular employee as per Government Order being Annexure 'H' of this application."
(2.) The fact of the matter is as follows: The petitioner was an employee of a Contractor working at Durgapur Project Ltd. (respondent No.7 herein), known as Lahiri Construction, It stands admitted that the petitioner had worked from December 7, 1984 to December 14, 1994. His name has been deleted from the muster roll with effect from December 15, 1994. The petitioner appears to have lodged a grievance before the District Magistrate, Burdwan and the matter at the instance of the District Magistrate was enquired into by the Sub-Divisional Officer, Durgapur who allegedly found that such termination was illegal. It appears that in the meantime, the respondent No. 9 submitted a proposal before the State Government for the purpose of absorption of the Contractor's labourers by a letter dated March 12, 1996 as contained in Annexure "H" to the writ application. The Joint Secretary of the State of West Bengal by a letter addressed to Managing Director, Durgapur Project Ltd. communicated the Government order and policy which is to the following effect: "(1) 469 (Four hundred sixty nine) Contractor's labourers my be absorbed strictly on seniority basis subject to their eligibility and suitability, against the same number of the sanctioned vacant posts against which the work now being managed by the Contractors' labourers. (2) No further Contractors' labourers/casual worker/daily labourer shall be engaged against vacancies or otherwise, without specific approval of this Department."
(3.) The petitioner contends that despite the fact that he had worked under the aforementioned Contractors Lahiri Construction for a period of more than 10 years, his service was illegally terminated and his case has not been considered for absorption in terms of the aforementioned policy decision dated March 12, 1996 as contained in Annexure "H" to the writ application.;