UNION OF INDIA Vs. RAILWAY CONTRACTOR LABOUR UNION

JUDGEMENT

(1.) This intra-Court appeal filed by the Union of India and Anr. is directed against the order dtd. 27/8/2018 in WP No.251 (W) of 2017. The said writ petition was filed by the respondents/trade union praying for issuance of writ of mandamus to withdraw the order dtd. 13/7/2016 passed by the appropriate authority under the provisions of Contract Labours (Regulation and Abolition) Act, 1970 (for short the Act ) holding that the case does not merit issuance of a notification under Sec. 10 of the Act and accordingly, it was decided by the Central Government to bring the Appropriate Government under the Act and not to abolish employment of contract labour in jobs/works on electric machine for automatic fare collection and passenger control system in the establishment of Metro Railways, Kolkata.

(2.) The learned writ Court had allowed the writ petition not confining to the prayers sought for by the respondents/trade union but proceeded a step further by directing the appellants to grant permanent employment to all the workmen represented by the trade union within a time frame. The correctness of the said order has been challenged in this appeal.

(3.) We have heard Mr. Ashok Kr. Chakraborty, learned Additional Solicitor General duly assisted by Mr. Sanajit Kr. Ghosh, learned advocate for the appellants and Mr.Arunabha Ghosh, learned senior advocate assisted by Mr. Swarup Pal, learned advocate representing the respondents/trade union.