JASPAL SINGH Vs. COMMERCIAL OFFICER GENERAL MANAGER AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioners who are 20 in number have filed this writ petition with the following prayers ;

(2.) The events which led to filing of the aforesaid petition by the petitioners may be recaptulated.

(3.) There is customs detained Baggage Warehouse located in the Indira Gandhi International Airport (hereinafter to be referred as "IGI Airport"). It was managed by Customs Department till some time in the year 1986. Terminal-11 was commissioned at IGI Airport. After the date of commissioning of Terminal-11, a joint meeting between the Airport Authority of India and Customs Department was held wherein it was decided that Airport Authority of India (hereinafter to be referred as 'AAT) will be notified as custodian of mishandled/detained baggage and it will manage the warehouse purely on temporary basis till such time the Customs Department is ready to take over the management of Warehouse. Pursuant to this decision. Notification dated 9.12.1976 was issued whereby Customs Department notified AAI as custodian of mishandled/detained baggage. To look after this work AAI gave contract to M/s. Ex- servicemen's Airlink Transport Services Ltd. (hereinafter to be referred as EATS Ltd') which is an agency sponsored by Directorate General of Resettlement, Ministry of Defence, Government of India for the Welfare and Resettlement of Ex-servicemen. This contract was given vide letter No. AAD/EST-307 (MB)/6317-21 dated 25.6.1986 directing M/s. EATS Ltd. to provide manpower for management of the said warehouse under supervision of Airport Authority of India and Customs Department for a period of six months. It is in these circumstances the said M/s. EATS Ltd., deputed these petitioners to the warehouse for managing and supervising the said warehouse. This arrangement continued till April, 1995. However, Customs Department vide letter dated 27.4.1995 intimated AAI that Government of India had taken a decision that Customs Department will manage the warehouse departmentally as is being done in other International Airports. It was followed by another letter dated 22.3.1997 of the Customs Department to AAI to the effect that Customs Department would be taking over the management of said warehouse w.e.f. 31.3.1997. In view of this position AAI wrote letter dated 27.3.1997 to M/s. EATS Ltd., for handing over the said warehouse to the Customs Department. Under these circumstances, petitioners approached this Court and filed the present writ petition making the aforesaid prayers.