STEEL AUTHORITY OF INDIA LIMITED Vs. JAGGU

JUDGEMENT

(1.) This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated February 27, 2003 (Annexure P-6) of respondent No. 2, the Authority under the Minimum Wages Act, 1948 (hereinafter to be referred to as "the Act").

(2.) Respondent No. 1, Jaggu and a number of other persons were working as contract labour at Dolomite Lime Stone Mines at Kuteshwar belonging to petitioner Steel Authority of India Limited. The Government of India issued the notification dated 17/03/1993 under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 prohibiting "contract labour" in such mines.

(3.) The question arose whether after the issue of this notification the contract labourers became the direct employees of the petitioner company. Following the decision of the Supreme Court in Air India Statutory Corporation v. United Labour Union, AIR 1997 SC 645 : 1997 (9) SCC 377 : 1997-II-LLJ-361, a Single Bench of this Court by order dated 23/10/1997 in W.P. No. 921 of 1997 answered this question in the affirmative and held that such employees would be entitled to wages at par with regular employees of the company. The petitioner company filed L.P. A. Nos. 326 of 1997 and 18 of 1998, challenging this order. The employees submitted applications under Section 20 of the Act before the Authority under the Act on 16/06/1998. The Supreme Court transferred the L.P. As. to its own file on 19/11/1999.