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2012 Supreme(Del) 1621

G.P.MITTAL
All India ITDC Workers Union – Appellant
Versus
B. K. Sinha – Respondent


Advocates Appeared:
For the Petitioners:Ms. Maninder Acharya with Yashish Chandra, Advocates.
For the Respondents:B.B. Sawhney, Sr. Advocate with Sunil Kumar, Amit Seth, Advocates.

JUDGMENT

G.P. Mittal, J.

1. A Petition (Writ Petition (C) No.6707/2000) was preferred by the Petitioners alleging inter alia that they were employed as Cashier-cum-Sales Assistant on contractual basis by the Respondent Indian Tourism Development Corporation (ITDC) on the Duty Free Shops at Indira Gandhi International Airport at Delhi. The Respondent ITDC was running Duty Free Shops at Mumbai, Calcutta, Chennai and Trivandrum Airports as well. It was averred that the activities of the Duty Free trade carried out by the Respondent ITDC was of regular and perennial nature, yet the Petitioners were employed on contract basis from various dates as mentioned in para 4(iii) of the Petition and the contract of employment was being extended from time to time. It was pleaded that the ITDC’s action in not treating the Petitioners as regular employees was arbitrary, illegal and unconstitutional and violative of Articles 14, 16, 21 and 39(d) of the Constitution of India. They made the following prayer:-

“In view of the facts and circumstances, it is most respectfully prayed that this Hon?ble Court may graciously be pleased to order appropriate writ(s) and/or order(s) against the respondent to:

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