( 1 ) A tender was floated inviting contracts for the performance of certain jobs including repair and maintenance of boiler. The tender contained a clause 6 (1) (f), whereby it is stipulated that the successful tenderer has to employ 51 numbers of workmen being annexured heads to be provided by the company who are presently deployed for boiler repairs shall be deployed for the job under the proposed contract. The petitioners are 63 such contractors' labour other than those 51 annexured heads working under the present contract who seek to represent 119 similarly such contract labour being engaged by the present contractor each of whom is holding gate-pass.

( 2 ) IN this writ petition the petitioners claim that the said condition contained in paragraph 6 (1) (f) should be modified to include the scheme for protection of the said 63 petitioners as well as 119 other contract labour represented by them and the respondents should be directed to modify the said clause in the tender so as to ensure continuation of the employment of the contractor's labour who are alleged to have been employed over a long period of time.

( 3 ) MR. Shaktinath mukherjee learned counsel for