ICM ENGINEERING WORKERS UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) All these writ petitions involve same questions of law based on substantially same set of facts. These writ petitions were, therefore, heard together and are being disposed of by a common judgment.

(2.) In order to dispose of these petitions it may not be necessary to state the facts in detail. Individual cases are dealt with at the later stage. To, answer the common questions involved in all these cases, the common factual background, necessary for the decision may be summarised first :-

(3.) Petitioners in these petitions are contract workers and/or the unions representing such contract workers. They are engaged by various contractors who are also impleaded as parties in these petitions. These contractors have been awarded the work by the principal employer. Admittedly, engagement of such contract workers is governed by the provisions of Contract Labour Regulation and Abolition Act, 1970 (hereinafter referred to as the Act, for short). According to the petitioners the work is of perennial nature and the award of work by the principal employer to the contractors and engagement of the contract workers by the contractors is nothing but a subterfuge and camouflage. When the work is of perennial and permanent nature contract labour is prohibited and therefore introduction of contractor as a middle man is an artificial plug to deprive the contract workers of their legitimate rights. The veil should be lifted and direct relationship of employer and employee between the contractor and the principal employer be directed, which is in fact the real relationship between the parties. It is the common case of all the petitioners that the regular employees of the principal employer who are doing same or similar work are getting much more salary/wages and other allowances as compared to these contract workers and this is the worse kind of exploitation due to exploitative system of the contract abour.