KARAIKAL INDUSTRIES Vs. GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) These Appeals are directed against the common Judgment and order in W.P.Nos.5202 to 5205 of 2012, dated 7.3.2012.

(2.) The writ petitioners are the appellants in these appeals. The appellant in all these appeals is a Society registered under the provisions of the Societies Registration Act 1860 stated to have been founded with the objective to protect the interest of its members who are having industrial units in Karaikal. The matter arises under the Contract Labour (Regulation and abolition) Act 1970 ( hereinafter referred to as the Act.) The prayer in the writ petitions were to quash Notifications issued by the Government of Puducherry in G.O.Ms.No.19, G.O.Ms.No.16, G.O.Ms.No.21 and G.O.Ms.No.18 all dated 24.8.2011, issued in exercise of powers conferred by sub section (1) of 10 of the Act. By G.O.Ms.No.19, whereby the Government abolished Contract Labour in the process such as loading into furnaces, the furnace area and tapping in all manufacture of Basic Metal Industries (Production of MS Ingots from Scrap Iron) in the Union Territory of Puducherry. By G.O.Ms.No.16, the Government abolished the engagement of Contract Labour in Chemical Industries involved in the process such as raw material storage, reaction section, burner section, Centrifuge section, drier section, sieving section and packing section. By G.O.Ms.NO.21, the Government abolished the contract labour in respect of all Pharmaceutical Industries in the process of mixing, formulation and tableting. By G..O.Ms.No.18, the Government abolished contract labour in respect of bottle making, granite cutting and polishing industries in respect of the processes like raw material sieving, raw material handling, ball mill mixing, furnace/kiln area, bottle making, drying section, and cutting/polishing of stones.

(3.) The appellants challenged the notifications by contending that the Government of Puducherry prohibited contract labour for the sole reason that engagement of contract labour may cause occupational diseases . The reasons assigned by the Government are baseless and contrary to the provisions of section 10 of the Act and in particular the stipulation under section 10(2) has not been followed. Further, it is stated that the Government Orders which were impugned in the writ petitions have been passed in a casual manner without considering the relevant factors and mechanically without considering the relevant details. Further, there has been no discussion and deliberation of the issues and it is an omnibus notification.