HIMMAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition, among others, raises the question regarding the effect of the Contract Labour (Regulation and Abolition) Act, 1970 (the Contract Labour Act) on the definition of the word 'employer' as in clause (iv) of Section 2 (i) (the Section 2 (i), (iv)) of the U. P. Stale Industrial Disputes Act (the State Act). Docs the Contract Labour Act override Section 2 (i) (iv) of the State Act? FACTS

(2.) The Indian Explosive Limited (the company), respondent No. 2, manufactures urea and is within the purview of the Contract Labour Act. It is registered under Chapter III of the same. It has many licensed contractors including one M/s. Abdul Rehman (the contractor Rehman). These licensed contractors engage many persons to do the work contracted out to them. The Fertiliser Workers Union (the Union) filed an application under Rule 25 (v) (a) of the Rules framed under the Contract Labour Act before the Labour Commissioner. This was for the relief that the different persons working under different licensed contractors are doing work similar to the work assigned to the workmen of the company and should have similar conditions of service regarding wages, holidays, etc. The Labour Commissioner, by his order dated 15.12.1984 in proceedings under Rule 25 of the Contract Labour Act, allowed the applications so far as the persons engaged by the contractor Rehman and one more licensed contractor (not relevant here) were concerned, but for the rest of the persons, the application of the Union was dismissed. I have already upheld this order of the Labour Commissioner.

(3.) During pendency of the abovementioned proceedings under Rule 25 of the Contract Labour Act, the Union raised the present dispute for the benefit of the workmen (the petitioners) engaged by the contractor Rehman. The dispute was 'whether 61 workmen (the petitioners) should be declared permanent employees of the company? If so, then from what date and with what description?' The State Government referred this industrial dispute to the Labour Court under the State Act. The labour court has recorded finding in negative as well as in positive form. These findings are as follows :