JUDGMENT Hon’ble Rakesh Tiwari, J.—Heard counsels for the parties and perused the record. 2. The petitioners are permanent employees of Advance Air Conditioning Works (Pvt.) Ltd., Kanpur (hereinafter referred to as ‘the Contractor Company’), a company registered under the Companies Act, 1956 which has undertaken work of maintenance of HVAC system, split and window Air Conditioning, Water Coller Machines and Refrigerators at GAIL Compressor Station, Dibiyapur. 3. By the impugned orders, Gas Authority of India Ltd., (hereinafer referred to as ‘the GAIL’) a Government of India undertaking has informed the petitioners that since they are permanent employees of Contractor, their services cannot be regularized by GAIL in their establishment. 4. Aggrieved by the impugned orders, the petitioners have invoked writ jurisdiction by means of this writ petition. Apart from other prayers, the petitioners have also prayed for a direction in the nature of mandamus commanding the respondents to regularize their services in GAIL. 5. The Contractor Company was also registered under EPF and Miscellaneous Provisions Act, 1952 with Regional Provident Fund Commissioner Kanpur (for short ‘RPFC’) having PF Code Number UP 20803. The Company also deposits PF contributions with RPFC Kanpur in respect of employees working with them as per the copies of challan submitted by the Company from time to time. 6. GAIL is a Government of India undertaking engaged in the work of maintenance of storage, distribution and production as well as system relating with gases etc., including maintenance of HVAC system, Split and window Air Conditioning, Water Cooler Machines and Refrigerators. From the contract between the Contractor Company and GAIL, it appears that as and when any Air Conditioner, Water Cooler Machine, Split/window Air Conditioner and HVAC system gets out of order or any problem is detected, GAIL informs the Company which, in turn, deputes its own employees, i.e., the petitioners for repair/rectification of defects. The said work, including change of parts etc., is taken up by the Contractor Company at is establishment either of Dibiyapur or Kanpur and after rectification of the defects, the Company installs/fixes these items at Compressor Station, Dibiyapur. The said repairing or maintenance work of Air Conditioning, Water Cooler Machines, Split Air Conditioning etc.. is being done with complete supervision of the Company at its establishment. 7. Establishment of GAIL Compressor Station, Dibiyapur is prohibited place under Official Secrets Act, 1923. The said repairing or maintenance work of Air Conditioning, Water Cooler Machines, Split Air Conditioning etc.. is being done with complete supervision of the Company at its establishment. 7. Establishment of GAIL Compressor Station, Dibiyapur is prohibited place under Official Secrets Act, 1923. Therefore, no one can enter the establishment without having a proper entry pass which is issued to anyone including visitors. 8. The petitioners have by means of this writ petition sought relief of regularization of the services/absorption in GAIL (Dibiyapur) Etawah on the ground that they have completed more than 240 days in a calander year. The details of their duties as claimed by them in paragraph 6 of the writ petition are as under : Sl. No. Name Appointment tenure/ nature of work 1. Tufail Ahmad 11.6.92 7.7.99 Supervisor (2615 days) 2. Rakesh Pal 11.6.92 6.7.99 Technician (2615 days) 3. Mahesh Kumar 17.9.92 Operator (2465 days) 4. Manish 1.5.92 Operator (2615 days) 9. The stand of the workmen is that in view of their continuous need, it is proved factum that their services are perennial and permanent in nature, the vacancies are always existing in the respondent-establishment but instead of appointing the petitioner as permanent employees in GAIL, the work of maintenance of Air Conditioning and Cooling systems was being taken by it through contract labour system which is wholly illegal and unjust. 10. In support of their claim, the petitioners have placed reliance upon gate passes issued to them for entry/exit in the establishment which is a prohibited area under the Official Secret Act. They have also filed work order dated 29.6.99 to establish that the contract Agency which has deployed the petitioners under the said work order is a contractor assigned the duties to carry out the work order entrusted to it under the Contract Labour (Regulation and Abolition) Act, 1970. 11. It is submitted by the counsel for the petitioners that for getting the work of perennial nature in the establishment done through the Contractor establishes the mala fide intention of the respondents to avoid regularization/absorption by GAIL in their establishement as well as the law laid down in Secretary, Haryana State Electricity Board v. Suresh and others, JT 1999 SC 277. 12. 12. Moreover, the work awarded to Company by GAIL was for maintenance of HVAC, widow and split air-conditioning, water cooler machines, refrigerators of GAIL Compressor Station and not work of the respondent-undertaking. If any problem arose, that was communicated to the Company which used to depute its employees for rectification of the defects which were being made under the supervision of the Company hence the relationship of ‘master and servant1 existed between the petitioners and the Company and not between GAIL and the petitioners. In the case of Haryana State Electricity Board, work of 42 Safai Karmacharis supplied by the contractor was directly supervised by Haryana State Electricity Board. 13. The defects in the Air Conditioning and Cooling systems do not occur every day. Therefore, the said work is entirely of a non-perennial nature and the petitioners are on the rolls of the Company. Therefore, the relationship of employer-employee exists between the petitioners and the Company. 14. The ratio laid down in Secretary Haryana State Electricity Board (supra) does not apply to the case of the petitioners because Haryana State Electricity Board was not registered at the relevant time under the Contract Labour (R&A) Act, 1970 but GAIL Compressor Station had been registered under Contract Labour (R&A) Act, 1970 with Registering Officer and ALCC Ministry of Labour Government of India, Kanpur. In the case of Haryana State Electricity Board, the contractor Mr. Kashmir Singh had not obtained any licence under Contract Labour (R&A) Act, 1970 for engagement of 42 Safai Karmacharis awarded to him by the Haryana State Electricity Board whereas the work performed by the petitioners was of perennial nature. Further that was a ‘prohibited category of work under Contract Labour (R&A) Act, 1970 whereas in the present case, the contract awarded to the Company by GAIL, it was never stipulated in the tender document for supply of any specific number of workers. 15. The contract between Haryana State Electricity Board and contractor Mr. Kashmir Singh was a camouflaged one, but in so far as the contract entered into between GAIL and the Contractor Company is concerned it is to be presumed to be genuine. The Contractor Company as well as respondent-GAIL are registered under the Companies Act, 1856 a camouflage by the competant labour Court. The petitioners are on the rolls of the Contractor Company. The Contractor Company as well as respondent-GAIL are registered under the Companies Act, 1856 a camouflage by the competant labour Court. The petitioners are on the rolls of the Contractor Company. The nature of work was non-perennial one and does not appear to be on the basis of averments made by the petitioners in various records appended with the writ petition. The relationship of employer-employee is only between Contractor Company and the petitioners and not between GAIL and the petitioners. The GAIL may be principal employer for the purpose of provisions of Contract Labour Regulation and Abolition Act but admittedly, petitioners are permanent employees of Contractor, namely, Advanced Air Condition Works (Pvt.) Ltd., Kanpur. Their attendance etc., is not maintained by GAIL. Their Provident Fund etc., are deducted by the Contractor Company. The contract labour system has not been abolished in the respondent-undertaking, hence it cannot be said that awarding specialized cooling work to the Contractor Company is illegal, mala fide or unjust. 16. The entry of the petitioners in GAIL is restricted to a particular area where they are deputed in the Air Conditioning/Cooling system. Permanent appointment in GAIL can be made according to the recruitment rules. The petitioners being permanent employees of another Company i.e. The Contractor Company they cannot be directed to be regualarized/absorbed in the respondent-Government undertaking as they have never worked on its rolls as its employees. 17. The petitioners are not the employees of Gas Authority of India, as such, have not worked as employees of GAIL for more than 240 days continuously. 18. So far as regularization of their service is concerned the petitioners are permanent employees of Contractor Company, hence, no writ of mandamus can be issued to a private Contractor and even otherwise, in view of decision of Hon’ble Apex Court in State of Punjab and another v. Sardara Singh, 1998 (9) SCC 709 holding that relief of regularization in service cannot be granted by High Court in exercise of extraordinary powers under Article 226 of the Constitution . 19. For all the reasons stated above, there is no illegality or infirmity in the impugned orders. The writ petition fails and is accordingly dismissed. No order as to cost. ———