Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. The petitioners' 12 in number, are seeking issuance of a mandamus upon the respondents -DVC and its officials to grant equal pay and benefits at par with the canteen employees of Durgapur Thermal Power Station. They are also seeking a direction upon the respondents to treat them as permanent canteen employees of Chandrapura Thermal power Station (CTPS) in view of the decision of the competent authority of the Government of Jharkhand dated 27th December, 2003 as contained in Annexure 4/A and 27th January, 2004 as contained in Annexure 5 to the writ petition said to have been taken pursuant to the direction passed by this Court in CWJC No. 3096/1999 dated 15th June, 2001, Annexure 2 and in CMP No. 128/2003 dated 6th May, 2003, Annexure 3 to the writ petition. These petitioners have also sought quashing of the order dated 3rd January, 2006, Annexure 7 passed by the respondent -DVC whereunder they have taken a stand that on account of the status quo order passed in CWJC No. 3096/1999, the order passed by the Labour Commissioner dated 27th January, 2004 would not be implemented till final decision is taken one or other way by the competent authority so far as the continuance of the employment of the petitioners are concerned in the canteen in question.
(2.) IT is the case of these petitioners that they have been working as canteen workers on different posts in the canteen maintained under CTPS, a factory within the meaning of Factories Act and had been employed between 1979 to 1993 through a contractor. Initially a tripartite settlement was arrived at on 18th August, 1980, Annexure 1 in which the representatives of the Labour Department, DVC and the canteen employees were parties and the condition no. 4 of the settlement stipulated that the canteen employees of CTPS would be given all benefits and facilities which the canteen employees of DTPS would be getting. In the Year 1997 the canteen employees of DTPS were regularized and started getting superior benefits of payment than the canteen employees of CTPS. In such circumstances they preferred a writ petition being CWJC No. 3096/1999 which was disposed of by order dated 15.6.2001 with liberty to the petitioners to approach the competent authority i.e. the Central Government with a direction to the Central Government to decide the dispute on receipt of such application and on verification of all the relevant materials. However, after passing of the said order the petitioners preferred a civil miscellaneous petition i.e. CMP No. 128/2003 to seek modification in the earlier order dated 15.6.2001 in view of the judgment rendered by the Hon'ble Supreme Court in the case of Steel Authority of India Ltd. Vs. National Union Water Front Workers, reported in : AIR 2001 SC 3527. The competent authority in the case of the petitioners became the State Government and not the Central Government. Such modification was allowed by order dated 6th may, 2003. It is the contention of the petitioner that on their representation before the State Government the representatives of the management of DVC were also heard and in the meeting held on 27.12.2003 the management was directed to remove the pay anomaly in respect of these petitioners while they were dithering over the matter of their regularisation. A meeting was held on 27.1.2004, Annexure 5, in which the representatives of the management and the petitioners participated before the Joint Labour Commissioner, Jharkhand. A stand was taken by the respondent -DVC that since 27.3.1998 there are no contractors running the said canteen and the canteen is being run in an ad hoc manner through the existing canteen workmen under the control of HRD Deportment of CTPS. On such stand being taken by the respondent -DVC before the Joint Labour Commissioner, Jharkhand, the Joint Labour Commissioner directed that the management should provide wages of group -D employees to the petitioners within ten days and within two months the services of the petitioners working in the canteen of the CTPS should be regularized, failing which the respondents would be answerable in the contempt petition filed by the workmen against the management of DVC. On their representation again to implement the said order before the management of DVC, Annexure 7 has been issued taking a stand that on account of the order of status quo passed in CWJC No. 3096/1999 dated 15.6.2001, the DVC has been directed to maintain status quo so far as the continuance of the workmen of the canteen is concerned till final decision is taken one way or other.
(3.) LEARNED counsel for the petitioner in the back ground of the aforesaid facts submits that these petitioners have been working as employees under the management of DVC through the HRD Department since 1998. Therefore, they are entitled for similar pay as group D employees under the DTPS, which is being denied to them. It is further stated that for all practical purposes the petitioners are employees of CTPS since the provident fund deductions are being made by them. Their salary is also being reimbursed by the respondent -DVC, which is also exercising discipline, control and supervision over them in view of the liberty granted earlier by the learned Single Judge of this Court in the judgment passed in CWJC No. 3096/1999. It is submitted that since all the respondents had categorically taken a stand before the Joint Labour Commissioner that no contractor is running the canteen since 27.3.1998, the State Government instead of issuing any notification under the provisions of the Contract Labour Regulation and Abolition Act, 1970, passed an order for their regularization in view of the direction passed by this Court earlier in CWJC No. 3096/1999. In such circumstances, learned senior counsel for the petitioners submitted that these petitioners are fully entitled to be regularized in the employment of CTPS under the DVC and also entitled to claim similar benefit as Group D employees, if not from 1980 then from 27th March, 1998 when they have been under the supervision and control of the HRD Department of CTPS.;