NAGESWAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned advocates appearing for the respective parties.

(2.) Challenging the Memo No. B/2351/228/94/DLC dated 30th September, 1996 issued by the Deputy Labour Commissioner, Barrackpore whereby and whereunder a decision of the Labour Commissioner, West Bengal directing the Union to take the matter of workers of the concerned mills who filed the application before the Labour Commissioner for adjudication and reference of a dispute thereto, with the State Advisory Contract Labour Board for necessary action was communicated, this writ application has been filed. In this writ application the petitioners have prayed the following reliefs:

(3.) The facts leading to the writ application are to this effect: The petitioners, who are working in the mill by engaging themselves on various jobs namely unloading of wheat, cutting and putting wheat into the machine for final crushing of the wheat and/or delivering of the wheat products i.e. Flour, Atta, Suji and Besan for more than 12 years as on 6th November, 1994, filed an application before the Deputy Labour Commissioner, Government of West Bengal, Barackpore, North 24-Parganas requesting him to deal with the matter for inclusion of their names in the Master Roll for permanent workers of the mill, alleging, inter alia, that they were not contract labourers under so called contractor and due to service as rendered there was no embargo of such decision for inclusion of their name in the Master Roll of the mill as permanent workers. The Deputy Labour Commissioner, Barrackpore, served a notice to the concerned employer Sri Durga Food Products (P) Ltd. who is respondents No. 4 herein, inviting him for a joint conference with the representative of the concerned workmen. The Company's letter dated 12th April, 1995 as addressed to the Deputy Labour Commissioner in response to the said communication was served upon the petitioners who in turn submitted reply on 12th May, 1995, contending, inter alia, that they were not working under the contractors in the true sense as contractor labourers, as the name of the contractor as mentioned thereto, was a man of the company itself who was living permanently in the company's quarter and the said system on alleged agreement of labour contractor was nothing but a paper transaction to deprive the petitioners from their lawful right to have a declaration as permanent workers of the said mill. It was further contended that the petitioners were working under direct supervision of the company within the factory premises and they got the identical Registration No. under ESI Act and under Provident Fund Act similar to the permanent employees of the mill. It was categorically contended that the stand of the mill was not justified on issue of the lack of jurisdiction of the Labour Commissioner for necessary of the issue. General Secretary of the West Bengal Flour Mills Mazdoor Congress affiliated to INTUC by their communication dated 3rd July, 1995 informed the Deputy Labour Commissioner concerned that the dispute as raised by the workmen was genuine, just and fair, upon contending, inter alia, that the so called contractor Shyamlal was a contractor by name and he was a man of the company and there was no real relationship of the workmen with the said contractor to attract the provision of Contract Labour (Regulation and Abolition) Act, 1970 and thereby to refuse the scope of conciliation on the ground of lack of jurisdiction. It was contended that the stand of the company on issue of contractor labourers was not the real state of affairs but same was a paper transaction to deprive the workmen. By a further letter dated 27th July, 1995, the workmen concerned categorically replied to the company's letter dated 13th June, 1995 as submitted to the Labour Commissioner contending that there was no relationship as contractor labourers with Shyamlal and the same was only a paper transaction made by the company to deprive the petitioners. It was further contended that the Labour Commissioner would open the veil to find out the real position and thereby would take necessary steps.