The central legal point established in the judgment is the obligation of the Respondent D.V.C to act as a model employer and take a fresh decision on the petitioners' demands, considering the judgment of the Hon'ble Supreme Court in a similar case.

JUDGMENT

Aparesh Kumar Singh, J. - Heard learned counsel for the parties.

2. The following prayer has been made by the present nine petitioners :

(A) A writ of mandamus or in nature thereof commanding/directing-

"(i) The Respondent D.V.C to pay equal pay and benefits for equal work to the petitioners, who are Canteen employees, working as such since June 1979 or thereafter, at Chandrapura Thermal Power Station, Chandrapura of D.V.C which is since been run/controlled/managed by H.R.D Department of CTPS, since 27.03.1998. The rate of said payments should be at per with Canteen Employees of Durgapur Thermal Power Station of D.V.C and should also be in view of decision of competent authority i.e. State of Jharkhand as contained in Annexure-4/A and 5 taken in pursuance of the directions of this Hon''ble Court as contained in Annexures-2 and 3.

The said benefits have to be paid with effect from the date of the decision of the State Government dated 27.12.2003 and dated 27.01.2004 and should be with interest;

(ii) The Respondent D.V.C to make the petitioners permanent canteen employees at CTPS, Chandrapura as decided and ordered by the competent authority i.e. the State Government on 27.12.2003 (Annexure 4/C) and on 27.01.2004 (Annexure-5) in pursuance of orders and direction of this Hon''ble Court dated 15.06.2001 (Annexure-2) and 06.05.2003(Annexure-3).

(B) A writ of mandamus or in nature thereof commanding/directing the Respondent-State of Jharkhand to take all coercive actions against the Respondent D.V.C and its officers for getting its orders as contained in Memo No. 810 dated 27.12.2003 (Annexure-4/C) and Memo No. 143 dated 27.01.2004 (Annexure-5) complied within time fixed as they have been passed in pursuance of the orders of this Hon''ble Court (Annexures-2 & 3).

OR

In alternative to suo moto start a proceeding of contempt against the concerned Officers of D.V.C.

(C) A writ of certiorari or in nature thereof for quashing/cancelling/rescinding the decision/order of the Respondent D.V.C contained in letter No. 6163 dated 03.01.2006 (Annexure-7).

AND/OR be pleased to issue any other appropriate writ(s)/order(s)/direction(s)/rules(s) in the facts and circumstances of this case and in the interest of Justice."

3. Counsel for the petitioners for the present does not press the prayer No. 1(B) or (C).

4. Petitioners were working as Canteen Employees under Chandrapura Thermal Power Station of Respondent D.V.C as per the details containing date of joining, post/designation etc. furnished at para 4. It is the case of the petitioners that Chandrapura Thermal Power Station (for short ''CTPS'') is one of the four Units of Damodar Valley Corporation) (for short ''D.V.C''), where petitioners were engaged through Contractor initially to run the Canteen. After the Contractor left running the Canteen in the year 1997-98, D.V.C and C.T.P.S started running the Canteen departmentally under the supervision of Human Resources Development Department. Canteen Management Committee is running the Canteen under overall supervision of H.R.D Department of C.T.P.S. According to the petitioners, a tripartite settlement was arrived at between the then Canteen Contractor Mr. O.P. Sharma of C.T.P.S, D.V.C, Chandrapura and the Canteen Employees regarding payments and facilities on 9th August, 1980, to the effect that the same benefits be given to Canteen Employees of C.T.P.S as accorded to the Canteen Employees of Durgapur Thermal Power Station (for short ''DTPS). Government of West Bengal abolished employment of contract labour vide notification dated 22nd December, 1995 in the Canteen at D.T.P.S under DVC. Challenge to abolition notification on behalf of D.V.C failed and ultimately Canteen Employees of D.T.P.S were provided regular employment in the year 1997. These petitioners and some others also raised a similar demand before the respondent. On failure to seek redressal of their grievances, they approached Patna High Court in C.W.J.C No. 3096 of 1999(R) i.