(1.) AIR India has come up in appeal against the verdict of Variava, J. , adverse to it. It has arisen in respect of the implementation of a Notification under the Contract Labour Act (hereinafter referred to as `the Act ).
(2.) THE Act, a piece of social legislation, provided, in great detail, for the regulation of Contract Labour. Under section 10, it proceeded further; and empowered the Government to have even the prohibition of contract labour in the contingencies and subject to the conditions set out in that behalf, in the Act. The Central Government issued such a Notification on 9-9-1976, prohibiting "employment of contract labour on and from 10th March, 1977 for sweeping, cleaning, dusting and washing of buildings owned or occupied by establishments in respect of which the appropriate Government under the said Act is the Central Government". AIR India had initially accepted the Central Government as its appropriate Government. AIR India sent in the application and got itself registered under an officer by Union of India as the appropriate Government. It soon made a volte face and treated it as a swiss engagement. All its might and influence were thereafter invested for resisting the implementation of the Notification as against it. The workers-not having the full strength as enjoyed by those directly employed in some organised sectors-would not willingly part with their humble pie.
(3.) BY an amendment of the Act, the Central Government was made the appropriate Government as regards AIR India and other establishments, from 20-1-1986. No excuse or escape route was therefore available for further inaction. At long last, some tangible steps were taken by the State Government, to enforce the Notification. A prosecution was launched against AIR India for the offences disclosed by the violation of the statute and the disobediance of the statutory Notification. AIR India pressed into service section 482 of the Criminal Procedure Code by filing Writ Petition No. 1695 of 1987 for quashing the proceedings. Two gratuitous circulars of the Chief Labour Commissioner of the Central Government issued a clarification that the Notification did not apply to the establishments as referred to therein. This was more than sufficient for the State Government to file a statement in the High Court about its intention to withdraw the prosecution. The High Court recorded the submission and dismissed the writ petition. The workers were back to square one.
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