Though this matter is listed in the Interlocutory matters, since both the learned counsel have agreed for the disposal of the main writ petition itself, this writ petition is being disposed of.

The petitioners, in this writ petition, seek a writ of Mandamus declaring the action of the respondent in not considering their case for the post of Volunteers in respondent’s Annadanam Canteen or any other posts as illegal and arbitrary and consequently to direct the respondents to appoint them by giving preference to their experience.

Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, is as follows.

10. Prohibition of employment of contract labour:-(1) Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment.

(2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as-

(a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment;

(b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment;

(c) whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto;

(d) whether it is sufficient to employ considerable number of whole-time workmen.

Explanation:-If a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate Government thereon shall be final.

Article 21 of the Constitution of India is as follows.

“21. Protection of life and personal liberty.-No person shall be deprived of his life or personal liberty except according to procedure established by law.” Article 39(d), (e) and (f) of the Constitution of India are as follows.

39(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Thus, Article 39(d) envisages that there is equal pay for equal work for both men and women. Article 39(e) says that health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. Article 39(f) envisages that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.Article 43 is as follows.

“43. Living wage, etc., for workers.-The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.”Article 47 is as follows.

“47. Duty of the State to raise the level of nutrition and the standard of livin