JUDGMENT :

V. Gopala Gowda, C.J. - This writ petition has been filed by the petitioner, which has entered into a contract with opposite party-Railway to render services of cleaning of Railway coaches at Bhubaneswar Coaching Depot and depot premises by adopting mechanized method as per the agreement dated 10.5.2007. The period of contract is for five years from 20.3.2007 to 19.3.2012. As per the contract between the petitioner and the opposite party-Railway, the petitioner is required to clean approximately 93 coaches per day at Bhubaneswar Coaching Depot and Depot premises through advanced machinery with the help of its workers. Prior to the work undertaken by the petitioner, similar work was done by the petitioner by engaging workers at the supervision of the personnel of the opposite party No. 1. The rate of wages payable to the employees is stipulated Clause 90 of the Agreement wherein it is stated that the Contractor shall be responsible to ensure compliance with the provision of the Minimum Wages Act, 1948 and the Rules made there under in respect of any employee directly or through petty Contractors or Sub-Contractors employed by him.

The petitioner is before this Court questio