KAKRAPAR TRIBAL WORKERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Since these matters are pending at an admission stage since 1999, the same are admitted with the consent of the parties and are taken up for final hearing today. Rule. Service of rule is waived by Mr.M.R.Shah, Ld. Advocate for the respondent nos.1 to 5, and Mr.Ajmera, Ld. Advocate for the respondent no.6.

(2.) So far as Special Civil Application No. 7479 of 1999 is concerned, it has been filed by Kakrapar Tribal Workers' Association, through its General Secretary, with a prayer that the decision taken by the Government of India not to abolish the system of contract labour in the works and jobs of gardening/horticulture at the plant site of Kakrapar Atomic Power Station is in violation of Section 10 of the Contract Labour (Regular and Abolition) Act, 1970 and is illegal, null and void. It is also prayed that the decision of the Government of India not to abolish the system of contract labour in the said Organisation in the works and jobs of gardening/horticulture of Kakrapar Atomic Power Station should be considered as arbitrary, discriminatory, irrational, unfair and unreasonable. It is also prayed that the services of the concerned workmen should not be terminated by the Management. It is also prayed that the Government of India should abolish the system of contract labour and so far as the work of gardening/horticulture is concerned, the said relief is claimed in so far as the workmen who are serving at the Plant site of the Kakrapar Atomic Power Station are concerned. So far as this petition is concerned, it is confined to 12 workers who were serving in nearby areas and now subsequently they have been asked to discharge their services in the township through the contractor. These 12 employees have been continued by the contractor in view of the earlier interim order passed by this Court and accordingly, these 12 workers are in service as on today and they are working in the township of the Corporation.

(3.) So far as Special Civil Application No. 10180 of 1999 is concerned, the Kakrapar Tribal Workers Association has filed this petition for declaration that the decision of the respondent Govt. of India not to abolish the system of contract labour in the works and jobs of house-keeping, gardening, horticulture, helping at the Anumala Township of the Kakrapar Atomic Power Station is in violation of Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970 and similar prayers like prayers in earlier Special Civil Application No. 7479 of 1999 have also been made in this Special Civil Application. So far as this petition is concerned, the dispute is about 65 employees, who were, at the relevant time serving through the contractor in the township and doing the work of horticulture/housekeeping/gardening etc. It is prayed in each of these petitions that looking to the nature of the work, it is a fit case in which the State Government should have issued necessary notification, prohibiting contract labour, by passing appropriate notification under Section 10 of the Act. It is also prayed that the concerned employee should be treated to be employee of the principal employer and that the principal employer should not terminate their services. The decision of the Central Government by which it has been decided not to abolish the contract labour system is produced at Page 116 of Special Civil Application No. 7479 of 1999. The said decision is dated 16.12.1999. By the aforesaid decision, the Government of India, Ministry of Labour decided not to abolish the contract labour system. It has been provided in the said order that such contract workers should be paid an emolument at the rate of Basic pay plus Dearness Allowance as is paid to the lower department employee. It is also mentioned in the said order that in pursuance of the recommendations of the Board, the matter has been considered in detail by the Central Government and it has been decided to allow continuance of contract labour in works/jobs of house-keeping/helpers in the plant area of Kakrapar Atomic Power Station, Surat, Gujarat. So far as Special Civil Application No. 10180 of 1999 is concerned, similar type of order is passed by which it was decided not to abolish contract labour system. The aforesaid decision of the Central Government is challenged at the instance of the petitioner Union in these petitions. It is required to be noted that there is only a limited prayer in each of these petitions to the effect that the aforesaid order by which the Government has decided not to abolish contract labour system is an illegal order. There is no other prayer in the petition to the effect that the concerned workmen are discharging perennial type of work and at the time of hearing of these petitions, Mr.Yagnik, Ld. Advocate for the petitioners has fairly submitted that he is restricting his argument only to the limited point of the notification in question and that except asking the Central Government to issue notification prohibiting contract labour system. no other argument has been made. In view of the aforesaid submission of Mr.Yagnik, it is required to be considered whether the Central Government is justified in not prohibiting contract labour in the instant case and whether the decision arrived at by the Central Government is just and proper. This Court in these petitions therefore is not concerned whether the employees are discharging perennial type of work or the contract is a sham and camouflage.