GUJARAT INSECTICIDES LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking mandamus to declare the notification dtd. 9/6/2003 to be in violation of Articles 14, 19(1)(g), 265 and 300A of the Constitution of India on the ground of same being not only discriminatory, but also unreasonable and arbitrary. The impugned notification is to the effect of prohibiting the employment of contract labour in the field of house keeping, material shifting, drum lifting and scrap shifting activities of the petitioner-company in its establishment at Ankleshwar with effect from 9/6/2003.

(2.) It is the case of the petitioner that on the basis of the opinion given by the Government Labour Officer with regard to abolishing the existing contract system in the areas of 1. House Keeping, 2. Material Shifting, 3. Scrap Shifting and 4. Fabrication and Engineering, the Government has referred the matter to the State Advisory Contract Labour Board. The submissions against the same are as below.

(3.) Learned advocate for the petitioners submitted that the notification is issued on the basis of decision of the Apex Court in case of Air India Statutory Corporation v. United Labour Union and Ors. which according to the petitioners has been overruled by the decision of the Apex Court in case of Steel Authority of India Ltd. and Ors. v. National Union Waterfront Workers and Ors. reported in 2001 (7) SCC 1. It is submitted that the present petition was part of the group which came to be disposed of by judgment of coordinate bench of this Court dtd. 26/11/2021 passed in Special Civil Application 17860 of 2003.