1. This appeal by the defendant no. 1 is from the judgment and decree passed by the Additional District Judge, Dhanbad dated 16th December, 1986 which affirmed the decree of the Munsif dated 27th May, 1983 by which the suit filed by the respondents was decreed in terms of the relief claimed in the plaint.

2. The plaintiffs who are respondent nos.1 to 5 in this appeal filed suit fop declaration that they are entitled to continue in their services even after taking over charge of the Coal washery plant by the defendant no. 1 (appellant) from defendant no. 3 (respondent no. 6) and for certain consequential reliefs.

3. The relief was claimed on the strength of the following averments in the plaint;

The plaintiff and other 147 Workmen had been working in Sudamdih Coal washery from diverse date of 1977 directly under M/S Machally Bharat Engineering Co. Ltd. (defendant no. 6) a contractor under the Principal employee (appellant). The plaintiffs had worked more than 240 days at the time of institution of the suit. The plant constructed by the respondent no. 6 was to be handed over to the appellant on the completion of the work.

4. The appellant required 395 workmen for the plant