AMARESHWAR SAHAY, J. - (1.) ALL the sixty six petitioners, who are either Ex -Army Personnel or Ex -personnel in Central Industrial Security Force and are deployed under respondent Nos. 1 to 3 as Security personnel on contract by M/s National Investigation and Security Contractor, have prayed for issuance of writ of mandamus for a direction to the respondents No. 1 to 2 to absorb the service of the petitioners as regular employees and they further pray that respondents be directed to provide equal pay for equal work to the petitioners at par with the permanent employees of the respondent No. 1 as they are discharging the same function similar to that of the petitioners working under respondent No. 2.
(2.) MR . Ananda Sen learned counsel for the respondents No. 1 to 3 at the very outset submits that in the view of the recent decision of the Supreme Court in the case of Steel Authority of India Ltd. and Ors. V/s. National Union Water Front Workers and Ors. reported in (2001) 7 SCC 1 and also the decision in the case of State of Haryana and Anr. V/s. Tilak Raj and Ors. reported in AIR 2003 SC 2658, the point in issue in the present writ petition have been set at rest and as such no relief as prayed for in the writ petition can be granted to the petitioners. In the case of Steel Authority of India Ltd V/s. National Union Water Front Workers (supra), the Supreme Court in view of the point in issue particularly in para -125 of the said Judgment by overruling the decision in the case of Air India Statutory Corporation V/s. United Labour reported in (1997) 9 SCC 377 has held that no relief for absorption of the petitioner can be granted. Similarly in paras 12 to 13 in the case of State of Haryana and Ors. (supra) the claim of the petitioners for equal pay for equal work also is not tenable.
(3.) LEARNED counsel for the petitioners also very fairly submits that the present writ petition is fully covered by aforesaid two decisions of the Supreme Court.;