JUDGMENT :

Bivas Pattanayak, J.

1. Both the appeals have been preferred by North Bengal State Transport Corporation (hereinafter referred to as NBSTC) challenging the common judgment and order passed by learned Single Judge of this Court allowing WP no. 4177(W) of 2016 filed by respondents (hereinafter referred to as the applicants) and dismissing WP no. 33666(W) of 2014 filed by appellant-NBSTC.

2. The precise fact involved in the present appeals is that the respondents-applicants filed an application under Section 2A(2) of the Industrial Disputes Act, 1947 before the 7th Industrial Tribunal, Government of West Bengal for reinstatement and absorption of labours appointed through contractors with the following contentions:

(i) Since 11.07.1989 they were engaged in various sections of NBSTC having its depot/stand at Chandni Chawk, Esplanade, Ultadanga and Barasat as Supervisors/Security Guards/Majdoor and were appointed through various contractors since 1989 namely Bengal Protective Guard, Indian Military League, Indian Ex-Military Force, D & A Security Service, M/s Soin, etc. till 12.11.2006.

(ii) The NBSTC, Cooch-Behar appointed respondent namely M/s Delta Security Services, a contractor on 13.11.2006 and the contract was extended from 01.10.2009 to 30.09.2011 and again till 01.10.2011 to 30.09.2012.

(iii)The applicants were working under the said contractor namely M/s Delta Security Services since 13.11.2006 and were engaged in the said organization for more than 20 years performing similar types of jobs as is done ordinarily through regular workman such as operating pumps, electrical jobs, ticket selling, duties on reserve buses, etc. The applicants were issued Identity cards by the NBSTC management. However, in spite of doing jobs ordinarily done by regular and permanent workmen they did not get any service benefit.

(iv) It was requested on behalf of Principal Secretary, Government of West Bengal, Finance Department vide Memorandum No.11794-F(P) dated 22.12.2010 and Memorandum No. 9008-F(P) dated 16.09.2011 to enquire into the matter and issue necessary direction to the appropriate authority in order to improve the service conditions of those workmen.

(v) The applicants contended that they had not been paid their salary since December, 2011.

(vi) On 12.01.2011, under the chairmanship of Managing Director Shri D.B. Lepcha, a meeting was convened for enhancement of remuneration and service conditions of the employees under the contractors. However, the applicants came to know through their contractor that their services were terminated with effect from 16.02.2012, which was arbitrary action on the part of the Management of NBSTC.

(vii) Further respondent-M/s Delta Security Services which engaged the applicants for performing their job in different sections of NBSTC did not have valid license and as such in the absence of valid license the applicants, who were engaged in the jobs which were done by regular workmen, should be treated as permanent employees of NBSTC.

On such basis the applicants prayed for their reinstatement in service in terms of Section 25(F) of the Industrial Disputes Act, 1947 and treat the applicants as employees of NBSTC.

3. The case being no. 49/2A (2) of 2012 before the learned Industrial Tribunal proceeded ex-parte as the opposite parties failed to appear and upon consideration of materials placed before it the learned Industrial Tribunal on 30.05.2014 passed the following order on the grounds that the contract between the NBSTC and the agency was not genuine.

“All the 35 (thirty five) workmen/applicants be reinstated in service.

The O.Ps are directed to treat the contract labours i.e the applicants as employees of the principal employer North Bengal State Transport Corporation without any further delay.

This is my award.”

4. The appellants herein namely NBSTC filed a writ petition challenging the aforesaid order passed by the 7th Industrial Tribunal being WP No. 33666(W) of 2014 with a prayer for setting aside the