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2005 Supreme(Cal) 274

SOUMITRA SEN
SHAKTI SANKAR DEY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ARUNAVA GHOSH, R.BASU, S.K.HAIDER, S.K.Sil, S.P.MAJUMDER

SOUMITRA SEN, J.

( 1 ) THIS writ application has been filed by two petitioners. Both the petitioners were engaged on diverse dates as casual workers in the capacity of Security Strappers. The Air India Limited had engaged a Contractor, namely, M/s. General Security Information Services for supply of certain casual labourers and the petitioner was supplied to the Air India by the said Contractor to work as a casual labour.

( 2 ) THE basic contention of the petitioners is that they have been engaged as a Security Strapper with Air India with effect from 23rd of December, 1991 and has been in continuous service for over 240 days without any break. Therefore, they are entitled to be absorbed in the permanent employment of air India.

( 3 ) THE petitioners have also contended that the work carried out by them is perennial in nature and therefore in accordance with the established legal principles they are entitled to be absorbed in the Air India as a permanent staff.

( 4 ) IT was also submitted that all benefits including medical benefits were given to the petitioners by the Air India. Therefore, it should be presumed that they were treated as a regular employee of Air India.

( 5 )



















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