F. I. REBELLO, J.

( 1 ) RULE. By consent heard forthwith. The petitioner by the present petition has prayed for writ of certiorari or any other writ to quash the order dated 25th September, 2003 which is the failure report submitted by the conciliation Officer to the Appropriate Government, in the instant case the central Government. The petitioner also seeks to quash the summons dated 22nd july, 2004 by which the petitioner herein has been called upon to appear before the Industrial Tribunal to which a reference in respect of the industrial dispute raised by the respondent No. 1 as represented by the Union has been referred to by the appropriate Government.

( 2 ) A few facts may now be set out :- There is no dispute that the petitioner falls within the expression State, within the meaning of Article 12 of the Constitution of India. The petitioners were engaging contract labourers through contractor for their business activities. In the instant petition and other petitions before this Court, we are concerned with the activities in Vidarbha region. It is the case of the petitioners that by letter dated 4/8th November, 1985 the Ministry of Labour, Government of India had conveyed its decision not to prohibit the employment of contract labour in Sweeping, Cleaning, Dusting and watching building occupied by Food Corporation of India. Thereafter by Gazette "notification dated 1st November, 1990 issued under the provisions of section 10 of the Contract Labour (Abolition and Regulation) Act the contract labour was abolished in handling of food grains in F. C. I. Depots. It is the case of the petitioners that the said Notification cannot be made applicable in respect of engagement of watchmen/security guards as the former are governed on the basis of other notification of Government of India or as a part of settlement with the labour union. The petitioners it is set out float tenders every two years for providing security guards for security of Food Corporation of India's godowns at various places. The contract was awarded to M/s Singh Security Services at bombay for a period of two years with effect from 1st August, 1993 to 30th July, 1995. The appointment, payment of salary, the number of shifts are all done by the security agency. The petitioner was only concerned with the attendance part of the security guards who attended on duty for submission to the District Office nagpur for arranging payment to them through the Contractor. The respondent "no. 1, it is submitted, is not an employee of the petitioner. From the documents on record it appears that the Heart Office of the petitioners issued a letter dated 23rd March, 1999 not to engage contract labour in the job specified in Government of India, Ministry of Labour notification and induction of handling labours under District Payment system cannot be composed/made available in respect of engagement of watchman/security Guards as the former are brought under the D. P. S. , on the basis of either Notification of the Government of India or part of settlement with labour union. The later being class IV post, requirement are to be governed by the provision of FCI (Staff) Regulations 1971 and other relevant administrative instructions. A circular issued by the petitioners dated 4/8th november, 1985 has come on record which shows that the work of security was being done by engaging CISF personnel. Home Guards of State government organisation or through security agencies who can provide suitable security personnel on contractual basis.

( 3 ) IT is the case of the petitioners that one Rashtriya Mazdoor Sena had filed Writ Petition No. 1389 of 1999 before this Court. The relief sought in that petition was for setting aside the alleged termination of the workmen by the petitioner corporation with effect from 15 March, 1999. Relief was also prayed for reinstatement with continuity of service and backwages and for stopping the practice of engaging contract labour. The matter came up be