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30. The sum and substance as one can discern from these decisions is that the claim of the workmen ultimately rests on looking at the economic reality test as has been propounded in the decision in reported in (1978) 4 SCC 257 (Hussainbhai, Calicut V. The Alath Factory Thezhilali Union, Kozhikode and others) and the nature of work to be discharged as being one of incidental and perennial nature.

31. It is not denied by the second respondent herein that the services of the petitioners were the result of an agreement between the second respondent and the third respondent. The evidence of M.W.1 shows that the Airport had six lifts in the year 1995 and all the six were automatic lifts. Out of the six lifts, two were kept for V.V.I.Ps of the public and one for the handicapped persons. Four lift men were regularly employed by them to operate on shift. The two lifts reserved were operated by the four employees manually, even though they are automatic. In the cross examination, the said witness stated that the regular lift operators and the petitioners are doing the same work of operating the lifts and the two lifts reserved for V.V.I.Ps and the handicapped persons are operated by the petitioners too. Admittedly, there is no such thing as a sanctioned strength in the shift system and the contractor used to give a roster for the workers in all the 365 days for 8 hours per day. The evidence further pointed out that the lifts were installed in the Airport for facilitation of the passengers.