PASCHIM BANGA BYABASYI SRAMIK SANGSTHA REPRESENTED THROUGH HRIDYANANDA GUPTA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This writ petition is made by a registered Trade Union represented through the General Secretary and other persons showing as the part and parcel of such Trade Union for the purpose of implementation of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 in respect of the petitioners in their respective employment and various other connected reliefs.

(2.) Originally a petition was made before this Court being C. R. No. 4221 (W) of 1990. In such writ petition Union of India did not appear to oppose the contention of the petitioners like today. However, the writ petition was disposed of with a direction upon the Union of India through the Secretary of Ministry of Labour and Rehabilitation to consider the case of the petitioners upon noticing to the others i.e. Reserve Bank of India, Regional Labour Commissioner, Labour Contractor of the Reserve Bank of India etc. By a Office Memorandum No. 40(10)/92-C2 dated 29th March, 1993 the Regional Labour Commissioner (Central) Calcutta intimated the General Secretary of the Union that no case has been made out to prohibit contract labour under Sec. 10 of the Act in loading and unloading or other specified operations relating to coin boxes/currency notes of Reserve Bank of India's Office at Calcutta. By such letter such authority informed that the above communication has been made pursuant to the order of the High Court and with direction of the Secretary of the Ministry of Labour, Union of India, respondent No. 1.

(3.) According to Mr. Asok De, learned Senior Counsel appearing on behalf of the petitioners that the workers are working in the organisation in similar manner for a period of 30 years. Time to time the contractors or namelenders are changed. They have wasted their best part of the lives in , this service without any regularisation. Sec. (4) of the Contract Labour (Regulation and Abolition) Act, 1970 says that it applies (a) to every establishment in which 20 or more workmen are employed or were employed on any day of preceding 12 months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding 12 months 20 or more workmen provided that the appropriate Government may, after giving not less than 2 months notice of its intention so to do, by notification in the Official Gazettee, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than 20 as may be specified in the notification. Therefore, either less than 20 or more than 20 workmen if working then they are entitled to get the benefit of law although the petitioners in number are more than 20 persons i.e. 22 persons.