SUDHIR KONDIRAM JADHAV Vs. BAJAJ AUTO LIMITED

JUDGEMENT

(1.) WE have heard counsel for the parties.

(2.) AMENDMENT allowed.

(3.) IN this writ petition, the Petitioners pray for a Writ of Mandamus to the Respondents directing them to abolish the contract labour system in respect of categories of Sweepers, house Keepers, Helpers, Garden Helpers or for jobs of the same or similar nature which are performed by the permanent workers presently, or in the post of Shop Floor Sweeper of any other Section of the factory and category or jobs of canteen boys or same or similar jobs in the factory canteens, etc. , and to absorb the petitioner-workers mentioned in Annexure 'a' as regular employees of the First respondent-Company. The alternative prayer in the writ petition is to direct the Second and third Respondents to start proceedings under the Contract Labour (Regulation and Abolition)Act, 1970 to decide that the Petitioner-workers are doing the work of permanent nature and those mentioned in Clauses (a) to (d) of sub-section (2) of Section 10 of the Contract labour (Regulation and Abolition) Act, 1970 and on that basis to prohibit the said contract, and direct the Second and Third Respondents to take steps to absorb the Petitioners in Annexure 'a' in the employment of the First respondent-Company. The First Respondent-Company is Bajaj Auto Ltd. , which is not a government Company but a private enterprise.