KARAIKAL INDUSTRIES FORUM REPRESENTED BY ITS PRESIDENT REGISTERED OFFICE M/S HENKEL INDIA LTD Vs. GOVERNMENT OF PUDUCHERRY REPRESENTED BY ITS SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) IN all these four writ petitions, the petitioner is the same, i.e., M/s.Karaikal INdustries Forum, represented by its President. IN these writ petitions, the petitioner has chosen to challenge the G.O.Ms.No.19/Lab/AIL/G/2011, G.O.Ms.No.16/Lab/AIL/G/2011, G.O.Ms.No.21/Lab/AIL/G/2011 and G.O.Ms.No.18/Lab/AIL/G/2011, dated 24.08.2011 respectively.

(2.) BY G.O.Ms.No.19/Lab/AIL/G/2011 impugned in W.P.No.5202 of 2012, the Union Territory of Puducherry had abolished the contract labours in the process such as loading into furnance, furnace area and tapping in all manufacture of basic metal industries (production of MS Ingots from Scrap Iron) in the Union Territory of Pududhcerry. The order was issued after accepting the advice of the State Contract Labour Advisory Board.

(3.) IN all these four writ petitions, identical contentions have been raised, i.e., their members are having industrial units. They are having regular direct manpower to work in technical and skilled operations. As certain works which are of intermittent casual nature, contract labours were employed through licensed contractor. The payment of wages and other service conditions are monitored by the principal employer, i.e., the members of the petitioner association. The industrial units were also periodically inspected by the INspector of Factories and by enforcement officers of ESI and EPF Act. The workers who were engaged through the contractors were also having the benefits of the ESI and PF. But, however, the Government of Puducherry by the impugned notifications had abolished the contract labours in the processes as set out above without following the norms prescribed under the said Act. Even though it was stated that it was based upon the recommendations of the sub committee, no details were forthcoming. The sole reason for prohibition was engagement of contract labour may cause occupational diseases to the contract labours. The reason of the committee that exposures to extreme temperature and fine dust may cause occupational diseases is baseless and contrary to the provisions of the Act, more particularly Section 10 of the Act. The consultation of the Government with the advisory board has not been made and that mechanically the orders have been passed. Since the Government of Puducherry has not constituted a State Advisory Board in terms of Section 4, any recommendation given by the sub-committee was not valid. The reason that it may likely to cause occupational diseases is unwarranted. The Factories Act takes care of such a situation.