( 1 ) THE respondent-Corporation had issued two notifications; firstly RO No. 363 of 1998 published in Hindu dated January 2, 1999 for filling up the 60 posts of Sub-Engineers (S. E.) at Kothagudem Thermal Plant (KTPS) limits apart from other vacancies that are sought to be filled up in various circles and another notification No. CEE/oandm/ktps/v/f. No. 33/d. No. 503/ 99 dated February 2, 1999 for filling up 222 posts of Junior Plant Attendants (JPA) by direct recruitment while January 30,1999 was the last date for receipt of the applications from the eligible candidates for filling up the posts of Sub-Engineers and february 26, 1999 was the last date for filling up the posts of Junior Plant Attendants. As far as Sub-Engineers are concerned, they must hold a Diploma in concerned subject under clause 2 of the notification. The selection shall be on the basis of performance in the written test and oral interview. Only those candidates, who qualify in the written examination by being ranked high, community wise will be called for interview in the ratio of 1:2 and Rule of reservation is applicable for appointment in these posts. As far as Junior Plant Attendants are concerned, one must hold an ITI certificate in the concerned Trade and the selection shall be on the basis of the marks obtained by him in the certified course and viva in all 100. The marks secured by the candidate in the ITI examination will be evaluated at 90 marks by down grading the marks obtained by them for 100 marks and 10 marks for interview. In all 100 marks. For those posts also Rule of reservation is applicable. After the last date for receiving the applications was over, the respondent-Corporation issued Memo no. JS/ds (P)/as (Per-I) 100-A1/99 dated october 6, 1999 giving weightage of marks to the contract labour, who worked under a contractor at the work site during the construction of two units of 250 MWs. , each at ktps-V stage and who continued, according to the respondents, in O and M Circle of KTPS-V stage under the control of Officers of the corporation. The weightage sought to be given as here under: (a)

Three years and more:

40 marks;

(b)

Between 2 to 3 years:

35 marks;

(c)

Between 1 to 2 years:

30 marks;

sub-Engineers: The above marks will be added to the marks obtained in the process of selection. Junior Plant Attendants: The above marks will be added to the marks obtained as per the procedure in the reference second cited.

( 2 ) QUESTIONING this Memo, most of the petitioners in this batch of writ petitions, who worked as contract labour under various contractors not only during the construction of the V stage Project but also some of them working as on today under the contractors for maintenance and operation works, filed these writ petitions, while some petitioners filed the writ petitions questioning the validity of the memo No. JS/ds (P)/as (per-I)/100-A1/99 dated October 6, 1999 by contending that the impugned Memo is intended to absorb the members of a particular Trade Union Telugu nadu Karmika Sangham on various grounds and some others filed the writ petitions for extension of the benefit to them also.

( 3 ) THE petitioners before this Court can be categorised into three categories : (1) apprentices, (2) Employees working in prohibited categories of employment as per g. O. Ms. No. 41, Labour, Employment, Training and Factories (Lab-II) Department dated september 23, 1996 and (3) Contract Labour.

( 4 ) AS far as the Apprentices are concerned, they are not really affected by the impugned Memo and the ends of justice will be served by directing the respondent-Corporation to adhere to the judgment of the Supreme Court in U. P. State Road Transport Corporation v. U. P. Parivahan N. S. B, Sangh, AIR 1995 SC 1115 : 1995 (2) SCC 1 : 1995-II-LLJ-854 and give preference to them while making appointments by direct recruitment if the other things are being equal between them and the others.

( 5 ) AS far as the employees working in pro