ORDER :

C.A. No. 7260/2016 @ SLP(C) No. 3159/2015

Leave granted.

2. Aggrieved by the judgment dated 27.11.2014 of the High Court of Rajasthan in Special Appeal No.1545/2014, the sole respondent therein preferred the instant appeal.

3. The appellant is a Union of employees who are described as “Class IV employees”.

4. It is the case of the appellant that the members of the appellant Union have been attending to various menial works in the Secretariat of the State of Rajasthan. The first respondent has been resorting to the employment of members of the appellant Union through contractors (at least from the year 1998).

5. The appellant filed Civil Writ Petition No.4261/1999 seeking regularisation of service of its members. When the said writ petition came up for hearing before a Division Bench of the High Court, it was represented that the dispute had been settled out of court and the terms of settlement were reduced to writing. In the light of said settlement, the High Court in its order dated 28.1.2003 in Civil Writ Petition No.4261/1999 directed as follows:

“(1) As per condition No.4 of the conditions of Tender, it would be imcumbent upon the contractor (New Contractor) to continue with t