PAWAN HANS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) P.C.: - By this petition, the petitioner, which is a Government Company, challenges the Notification dated 4th July, 1997 issued by the Government of India in exercise of its power under sub-section (1) of section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act for the sake of brevity). By that Notification, the Central Government has prohibited the employment of contract labour in the works which are mentioned in the Notification on the establishment of petitioner - Pawan Hans Ltd. With effect from the date of publication of the Notification. The works include-1) Canteen Services; 2) House Keeping; 3) Electrical Maintenance; 4) Plumbing; 5) Gardening and Horticulture and 6) Pump Operation. The learned Counsel appearing for petitioners attacked the validity of the Notification on two grounds. Firstly, according to him, the Central Government could not have taken into consideration the opinion expressed in favour of issuance of the Notification by a Committee constituted by the Central Advisory Contract Labour Board because when that Committee was constituted, the Central Government was not the appropriate Government in relation to the petitioners. The second contention raised is that the Notification is contrary to the law laid down by the Supreme Court in its judgment in the case of [Steel Authority of India Ltd. and ors. Vs. National Union Water Front Workers and ors.), reported in 2001 DGLS (soft) 1084 : 2001(III) C.L.R. 349. We have heard the learned Counsel appearing for respondents.

(2.) For the purpose of considering the challenges raised to the Notification, in our opinion, it is necessary to see the provisions of section 10 of the said Act. It reads as under :-

(3.) So far as the second submission made by the learned Counsel appearing for petitioners is concerned, it is necessary first to refer to the Notification. The Notification dated 4th July, 1997 reads as under :-