1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs;

A. Declaring that the petitioner nos. 1 to 12 are the direct employees of the respondent no.1 Laboratory and are entitled to be permanently employed by the respondent no.1.

B. Directing the respondent no.1 to pay and continue to pay wages and all other benefits to the concerned petitioners at par with the permanent made sweepers employed by PRL at a rate proportionate to the period of work taken from the petitioners.

C. During the admission and final disposal of the petition, the Hon'ble Court be pleased to grant ad-interim/interim relief directing the respondent no.1 to maintain status quo in respect of the employment of the concerned petitioners of this petition and to pay to them at least the minimum wages paid to permanent sweeper employed by PRL.

D. ......

2. The petitioners herein are lady safai workers employed by respondent no.1-Physical Research Laboratory (for short, the PRL) for the work of sweeping and cleaning its premises, offices, etc. since April 1984, initially, through the agency of Self Employed Woman's Association (SEWA), which is a registered Trade Union but, from 1988 onwards, through respondent no.2-Mandli, which is a registered Co-operative Society.

The SEWA and subsequently, respondent no.2-Mandli had entered into contracts with other Organizations for supplying lady safai workers for doing the work of sweeping / cleaning of the premises, offices, etc. of different Organizations. Some where during 1980 1981, SEWA and subsequently, respondent no.2-Mandli had entered into an arrangement of providing 31 lady safai workers to the National Institute of Design, Ahmedabad. A reference being Reference (IT) No.8/1983 was made to the Industrial Tribunal, Ahmedabad for adjudication of the issue regarding regularization of the services of lady safai workers in N.I.D. The Industrial Tribunal, Ahmedabad passed an Award inter alia regularizing the services of the 31 lady safai workers as part time permanent employees of N.I.D. The said Award came to be challenged by N.I.D. before this Court by way of filing S.C.A. No.8549/1988. The said petition came to be dismissed by this Court vide judgment and order dated 28.09.1992, whereby, the Award of the Industrial Tribunal was confirmed.

3. In the meantime, in view of the Award passed in N.I.D.'s case, the petitioners herein had preferred S.C.A. No.4928/1990 before this Court praying for a declaration that they are the direct employees of respondent-PRL and for the payment of regular wages, etc. However, the said petition came to disposed of as withdrawn, vide order dated 27.02.1991, with a liberty to seek a reference of the said dispute.

4. Pursuant to the withdrawal of S.C.A. No.4928/1990, as stated herein above, petitioner no.13-Union placed a demand before respondent no.1-PRL to the effect that they should be made permanent employees of PRL and that they should be paid wages and other benefits at par with the permanent Class-IV employees. The matter, thereafter, went for conciliation and after the failure thereof, the appropriate Government made a reference to the Industrial Tribunal and it was registered as Reference (IT) No.329/1991.

The respondent no.1-PRL challenged the order of reference made by the Dy. Labour Commissioner before this Court by way of filing S.C.A. No.4650/1991. The said petition came to be partly allowed by this Court and the matter was remanded to the Government for fresh consideration, vide judgment and order dated 17.07.1992.

5. After re-consideration, the appropriate Government refused to make the reference of the dispute by its order dated 15.05.1993. The said order came to be challenged by petitioner no.13-Union before this Court by way of filing S.C.A. No.5333/1993. The said petition came to be disposed of as withdrawn vide order dated 05.05.1997 in view of the decision of the Apex Court in the case of PRL v. K