MANAGEMENT OF TAMIL NADU PETROPRODUCTS LIMITED Vs. LABOUR ENFORCEMENT OFFICER CENTRAL OFFICE OF THE REGIONAL LABOUR COMMISSIONER CENTRAL

JUDGEMENT

(1.) THE petitioner is a management of the Tamil Nadu Petro Products Limited. Aggrieved by the notice issued by the 1st respondent Labour Enforcement Officer, Chennai, they have filed the present Writ Petition.

(2.) IN the impugned notice dated 6.9.2001, the 1st respondent conducted an inspection and held that the petitioner management did not have a Certificate of Registration from the appropriate Government registering their office for the purpose of engaging contract labour in terms of Section 7(1) of the Contract Labour (Regulation and Abolition) Act, 1970. IN his INspection Report, he found the following: i) The petitioner did not maintain a Register of Contractors, thereby violating Rule 74 of the Contract Labour (Regulation and Abolition) Rules. ii) The abstract and notice under the Act were not displayed permanently as required under the Act. Contravening Rule 72, the payment of wages to the contract labourers were also not maintained. Iii) The commencement of the contract work in terms of Rule 81(3) was also not maintained. The petitioner management has filed the present Writ Petition challenging the said show cause notice issued by the 1st respondent, who is the authority notified by the Central Government.

(3.) THE Constitution Bench of the Supreme Court vide its judgment in Steel Authority of India Ltd. v. National Union Waterfront Workers reported in (2001) 7 SCC 1 held as follows: 125. THE upshot of the above discussion is outlined thus: