NINGA COLLIERY MAZDOOR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present case has a chequered background. This Court by a comprehensive judgment dated 14. 12. 1988 disposed of the writ petition directing the respondent No. 1. Union of India. Department of Labour, Govt. of India to cause an appropriate enquiry by applying its mind to various factors and the grievances of the writ petitioners in the manner stated in the writ petition within six months from the date of communication of the order. It was made clear in the said judgment that this Court did not decide anything on merit as to whether the factors necessary to cause a Notification are at all present or not. The respondent No. 2. Eastern Coalfields Ltd. authority was also directed to take proper steps so that no workman engaged for doing underground work at Ningha Colliery is compelled to take up a job which is prohibited by Government in its Notification No. So-488 dated 15. 12. 1975.

(2.) AT the time of delivery of judgment, the said respondent No. 12 had clearly submitted that the said authority has got no objection if the appropriate Govt. authorities initiate appropriate proceedings and upon consideration of the materials on record prohibit employment of contract labour by way of notification in the Official Gazette. Upon perusal of section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 and looking at the petitioners cannot have any grievance against the impugned order, and the Award in question does not suffer from any irregularity and/or illegality, but regard being had to he materials on record, the petitioners and/or the aggrieved workmen will be helpless if the appropriate Govt. authorities do not move in the manner as indicated under said Section 10 of the Act, 1970.

(3.) CONSIDERING all the aspects, and giving detailed reasons, this Court disponed of the writ petition by delivering the judgment aforesaid with the specific directions indicated above.