SAURASHTRA CHEMICALS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Is it obligatory on the appropriate Government to take decision at a time under Sec. 10(2) of the Contract Labour (Regulation and Abolition) Act, 1970 ('the Act' for short) regarding prohibition or abolition of contract labour system from all the processes/operations or works in respect of which recommendations may have been made by the Advisory Board ? Is it not open to the appropriate Government to defer its decision as regards abolition of contract labour system in particular process/operation or work to a later stage ? These questions have surfaced for examination and answer in this petition.

(2.) Petitioner No. 1 is a Company incorporated under the appropriate provisions of the Companies Act, 1956 and petitioner No. 2 is a shareholder thereof. Petitioner-Company is engaged in the business of manufacture of heavy chemicals like soda ash, caustic soda and sodium bicarbonate. Its factory is situated at Porbander. By notification dated 25/11/1980 the Government prohibited contract labour in three establishments manufacturing soda ash. These three establishments were Dhrangadhra Chemical Works Ltd., Dhrangadhra, Saurashtra Chemicals, Porbander and Tata Chemicals Ltd., Mithapur. The processes from which contract labour was abolished by notification dated 25/11/1980 were (1) packing and bagging, (2) cleaning, (3) feeding the hopper and (4) material handling. The aforesaid notification was subjectmatter of various litigations. The Government was from time to time required to reconsider the same, but all the time the Government confirmed the said notification. By notification dated 1/12/1983 the Government prohibited contract labour in general cleaning section of all the three establishments, namely, Dhrangadhra Chemicals Works Ltd., Saurashtra Chemicals and Tata Chemicals Ltd. The notification is produced at Annexure 'H' to the petition. It is issued by the Government in exercise of the powers conferred upon it under Sec. 10 of the Contract Labour (Regulation and Abolition) Act, 1970. The petitioner- Company has challenged the legality and validity of this notification on various grounds.

(3.) It may be noted that by the earlier notification dated 25/11/1980, contract labour was prohibited and abolished from four different processes in relation to all the three establishments. By the impugned notification dated 1/12/1983 contract labour is prohibited and abolished in the process of general cleaning from all the three establishments. However, the present petition challenging the legality and validity of notification dated 1/12/1983, has been filed by only one establishment, i.e., Saurashtra Chemicals. It is not the case of the petitioner that the process of manufacturing soda ash and other articles manufactured in its factory is in any way different than that carried on in other two establishments. It is also not the case of the petitioner that the petitioner's establishment which is also engaged in the manufacture of soda ash and other similar articles is in any way distinct and it is not similar to that of other two establishments. It is not even averred that the case of the petitioner's establishment is distinct and it has distinguishing features than other two establishments. It is not brought to our notice that other two etablishments or any one of them have filed petition and challenged the legality and validity of the impugned notification. We hasten to add that this factual position may not have any bearing on the question raised in the petition, but the same is stated as relevant facts in order to show that all the similarly situated establishments manufacturing soda ash have been covered by the impugned notification.