LIONEL EDWARDS LTD Vs. LABOUR ENFORCEMENT OFFICER

JUDGEMENT

(1.) In these Rules, the petitioners have prayed for Writs in the nature of Mandamus commanding the respondents to forbear from enforcing or taking any steps to enforce any of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, hereinafter referred to as the Act, against any vessel or ship with which the petitioners are concerned.

(2.) In C. R. 3183 (w) of 1974. the first petitioner Lionel Edwards Ltd. is the steamer agent in Calcutta of American Export Lines Incorporated a shipping corporation incorporated in the State of New York in the United States of America and carrying on the business of ship owners. The first petitioner had its registered office at 21, Old Court House Street, Calcutta. Whenever a vessel of the said American Export Lines Incorporated arrives at the Calcutta Port the first petitioner engages labourers for effecting repairs to the same. In the other two Rules the petitioners India Steamship Company Limited and Scindia Steam Navigation Co. Ltd. are owners of ships and they engage contractors who supply contract labour for the purpose of repairs of their vessels arriving at the Calcutta Port. Both these petitioners have their offices at Calcutta. It is the case of the petitioners that the work which is performed by the labourers is not of a permanent but of an intermittent nature. The respondent no. 1 the Labour Enforcement Officer (Central) and the respondent no. 3 the Registering Officer and Assistant Labour Commissioner (Central) have been insisting on the petitioners to get their establishments registered under the Act. They have also threatened the petitioners that legal actions will be taken against them if the establishments are not registered under the Act.

(3.) Some of the provisions of the Act may be referred to. The Preamble of the Act is: