MECON LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition has been preferred praying for direction upon the respondent nos. 3 and 4 authorities to revoke and withdraw the communication dtd. 10/2/2022 and 16/3/2022 and further directions to issue licence to such sub-contractors engaged by the petitioner, who employ or will employ 20 or more workmen/contract labour in the premises of the establishment in relation to Steel Authority of India Limited, Durgapur Steel Plant and permit Durgapur Steel Plant to engage contract labour of such contractors/sub-contractors.

(2.) The petitioner's case is that the petitioner company entered into a contract with Steel Authority of India Limited (hereinafter referred to as "SAIL") for work of installation of 4th Stove of Blast Furnace No. 04 at the Durgapur Steel Plant. The contract expressly permits the petitioner to engage sub-contractors with the knowledge and consent of the respondent no. 4. The nature of work entails several types of civil work, mechanical, erection and electrical work. The petitioner company being an engineering consultancy establishment can only supervise such work which will be actually carried out by the sub-contractors engaged at the establishment of SAIL.

(3.) Thus the petitioner in turn had awarded contract to other contractors for execution of the project and such sub-contractors may be employing 20 or more workmen, or some of them may employ even less than 20 workmen.