TATA CHEMICALS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS letters patent appeal is directed against the interim order dated April 5, 1994 passed by the learned single Judge refusing to grant interim relief and stay the operation and implementation of the notification dated March 17, 1993 issued by the Government of India under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 ('the Act' for short) and the order dated January 20, 1994 issued by the Licensing Officer under the Act. By the aforesaid notification contract labour in the works specified in the Schedule to the notification i. e. limestone and dolomite mines, in the country has bene prohibited. The Schedule to the notification reads as follows :-

(2.) THE learned single judge has admitted the petition mainly on the ground that there was no counter-affidavit filed by the Union of India. In this connection the learned single Judge has observed as follows :- "in the facts and circumstances of the case, in my opinion, no interim relief can be granted. Since the notice was issued and in spite of service, no affidavit is filed, I have issued rule. " Thus the main reason which weighed with the learned single Judge for issuing rule is that the averments made in the petition remained uncontroverted as there was no affidavit-in-reply.

(3.) AS far as refusal of interim relief is concerned, the learned single Judge has rightly observed that the notification is dated March 17, 1993. The petition is filed some time in February 1994. In an earlier petition (Special Civil Application No. 9401 of 1993) filed on September 13, 1993 the same notification is challenged by the petitioner. Therein so far no interim relief has been granted. It is stated at the Bar that the said petition is at the notice stage and the petition has not even been admitted. As observed in the order by the learned single Judge, even in Civil Application No. 190 of 1994 in Special Civil Application No. 9401 of 1993 filed on January 24, 1994 praying for interim relief, so far no order granting interim or ad interim relief has been passed.