SANDEEP MEHTA,J. - (1.) The matter was listed for orders on the application filed by the respondents for early hearing of the writ petition. With the consent of the learned counsel representing the parties, the writ petition was heard finally at that stage itself.
(2.) Succinctly stated facts essential and relevant for the sake of disposal of the instant writ petition are noted herein below.
(3.) The petitioners herein were engaged as Computer Operators with Machine by the District Election Officer cum District Collector, Pratapgarh on contractual basis in the year 2009. Thereafter, they were given extensions from time to time and were also transferred to various offices under the Collector cum District Election Officer, Pratapgarh. One of the transfer orders has been placed on record as Annex.8 under which, the petitioner Rajesh Kasara was transferred to the Directorate of Human Development for assisting in the control room created for prevention of child marriages. The petitioner Naveen Kumar Jain?s services were utilised for working as an EMitra under E-Gram Project vide order (Annex.9). By order (Annex.12) dated 14.6.2011, the petitioners were assigned duties in the District Level Emergency Operation Centre established for the purpose of Food/Disaster control. The petitioners have tried to demonstrate that the respondents are continuously requiring their services and that the petitioners are virtually being made to work regularly on the posts of LDCs by designating them to be contractual Computer Operators with machines. Such an action as per the petitioners is in gross violation of the mandatory provisions of the Contract Labour Abolition Act. The petitioners are being paid pittance of honorarium for their services which are being utilised round the clock for various important assignments. The respondents, in order to deliberately wriggle out of the relationship of employer with the petitioners, issued the order (Annex.13) dated 21.5.2012 whereby, the Planning Department of the Government of Rajasthan has directed that the contractual services of Men with Machine shall only be extended upon them being engaged through firms (placement agencies). Being aggrieved of the said order, the petitioners, apprehending that they would be shunted out of services and would be forced to sign a work/service contract through a placement agency, have approached this Court by way of this writ petition filed under Article 226 of the Constitution of India.;