PERISHA P PANCHAL MISS Vs. GUJARAT STATE CIVIL SUPPLIES CORPORATION GANDHINAGAR

JUDGEMENT

(1.) Twelve petitioners in this Special Civil Application have filed this Special Civil Application for declaring that the petitioners are entitled to be treated as direct employees of the respondent-Corporation and directing the respondent-authorities to treat the petitioners as such with retrospective effect for all purposes including salary seniority and all consequential allowances and benefits from the respective dates of their first appointment. It is not necessary to refer to the various other prayers because they all depend upon the first prayer mentioned above except the prayer with regard to quashing and setting aside the order of the Employment Officer dated 20-5-1987 and further directing the Employment Officer to forward the petitioners names to respondent No. 1 Corporation for consideration of their candidature as Assistants.

(2.) The main contentions raised by Mr. N. J. Mehta the learned Counsel appearing for the petitioners for the purpose of admission are: (1) that the petitioners are direct employees of the Gujarat State Civil Supplies Corporation Limited; (2) that the Chartered Accountant in whose employment the petitioners have to be put in if at all they are the employees of the Chartered Accountant he has not obtained a licence as required under the Contract Labour (Regulation and Abolition) Act 1970 and hence the petitioners must be construed as direct employees of the Corporation; and (3) that the Employment Exchange in not having sent the Dames of the petitioners has violated Arts. 14 and 16 of the Constitution.

(3.) It is clear from the facts of the case that an advertisement was given in Gujarati to the effect that: