RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of this application for interim relief filed by the petitioner in the present writ petition.

(2.) The writ petition challenges the order dated 20th July, 1999 of the Central Advisory Contract Labour Board and the consequent order dated 18th April, 2002 of the Government of India declining to abolish the contract labour system at domestic and international airports qua the trolley retrievers.

(3.) This writ petition is in respect of the 115 trolley retrievers and 12 supervisors of the domestic and international airports, Delhi where the some of the petitioners have been averred to be working from 1993. According to the petitioners, the trolley retriever system began in 1984 and is still continued. Even though some of the petitioners were working from 1993 they were given a fresh appointment letter in 1996. The chart (Annex P-1) annexed to the writ petition shows that the petitioners have started working from dates varying from 1993-1998. The petitioners have submitted that their functioning amount to contract labour and the respondent No.4 is the contractor within the meaning of the Contract Labour (Regulation and Abolition) Act, 1970(hereinafter referred to as the Act). The petitioners are pleaded to be contract labour. The petitioners have in the alternative and without prejudice to the above plea submitted that the petitioners are the employees of respondent No.1, Union of India and respondents 2 and 3.