TATA CHEMICALS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) These Letters Patent Appeals, 15 in number, are directed against the common judgment and order dated 1.12.1997 passed by the learned Single Judge in the group of Special Civil Applications Nos.1954 to 1967 of 1994 and 9401 of 1993 whereby all the Special Civil Applications were dismissed. Whereas these appeals are directed against the common judgment and order and all these matters involve common questions of law based on identical facts, we propose to decide these 15 Letters Patent Appeals by this common judgment and order.

(2.) The appellant no.1 in all these matters is a Limited Company incorporated and registered under the provisions of the Companies Act, 1956 in the name and style of M/s.Tata Chemicals Ltd. engaged in the business of manufacturing heavy chemicals such as inorganic, photographic, insecticides, pesticides and other miscellaneous chemicals including Caustic Soda and Soda Ash. This Company claims to be the biggest Soda Ash manufacturer in the country and has come with the case that it has a large requirement of limestone because Lime stone is the basic raw material for manufacturing Soda Ash. It is also the case of the appellant Company that it holds on lease Limestone mines in the districts of Junagadh and Jamnagar; it also purchases Limestone from private leaseholders of Limestone mines who engage contract labour for working the mines and it also purchases Limestone from private parties. The Limestone is classified in different grades based on lime contents and other constituents. The appellant no.2 in these appeals claims to be the shareholder of the Company while the appellant no.3 in these cases (except in Letters Patent Appeal arising out of Special Civil Application No.9401 of 1993) is the party which provides the contract labour to the Company. Whereas the parties providing the contract labour are different at different places, such parties have been arrayed as appellant no.3 and, therefore, different Special Civil Applications and different Letters Patent Appeals have been filed. The appellant Company also claims that it holds the certificate of registration under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 and that the appellant no.3, i.e. the party providing contract labour in all these matters holds a licence under Sections 12 and 13 of the aforesaid Act.

(3.) The appellant Company came with the case that right from beginning its factory for manufacturing Soda Ash has been employing contract labour through contractors in Limestone mines. It is also the case of the appellant Company that earlier, Limestone supply from the Company's captive mines was done by M/s.Palanji Shaupuraji & Co. but after the coming into force of the Metalliferous Mines Regulations under the Mines Act in 1964, the appellant Company started departmental mining through contractors and since then the skilled works like drilling and blasting are carried out by regular employees and unskilled work of Limestone breaking, loading, unloading and transport are carried out through contract labour. The Company and other Soda Ash manufacturers may purchase Limestone from the market and it is not necessary for them to operate Limestone mines, and it is also the case of the appellant Company that in fact Soda Ash manufacturers partly purchase their Limestone requirements from private leaseholders.