ADHIR KUMAR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal under clause 15 of the Letters Patent which arises out of a writ proceeding and is directed against an order dated February 29, 1980 passed by a learned single Judge of this court dismissing a writ petition. The writ petitioners are the appellants.

(2.) Writ petitioners are 80 workmen who had been engaged by the Hindusthan Cables Ltd., though not directly but through contractors; or in other words, the services of the appellants were being utilized by the company, viz. Hindusthan Cables Ltd. as contract labour. A grievance was made on their behalf to the effect that though engaged as contract labor they were made to discharge duties of perennial nature connected with the business of the company. According to the appellants such engagement of the appellants through the contractor was intended only to deprive them of the ordinary benefits of direct appointment by the company. It was further claimed that such employment of the appellants comes within the prohibition of section 10 of Contract Labour (Regulation & Abolition) Act, 1970. There is no denial that the dispute raised on behalf of the appellants by the Union was enquired into once by the Assistant Labour Commissioner, Asansol who made a report that a case has been made out for directing prohibition of employment of contract labour in terms of section 10 as aforesaid. That report had been an annexure to the writ application. That report having been forwarded to the Labour Commissioner, a conference was called sometime in the year 1970; but no such conference being held the matter remained unattended since then. In that background the appellants on March 29, 1979 made a demand of justice and move the writ petition with different prayers including a prayer for issue of a mandate upon the State of West Bengal to prohibit respondent No.3 from employing the appellants as contract labour and for a further direction that the appellants may be made regular workmen of the company.

(3.) Rule Nisi being issued the State of West Bengal appeared and filed an affidavit. All the basic allegations could not be disputed on behalf of the State of West Bengal. What was merely said in paragraph 7 of the opposition was to the effect that the enquiry report referred to by the appellant being received from the Assistant Labour Commissioner, Asansol was forwarded to the Labour Commissioner and it has been decided to place the matter before the State Advisory Contract Labour Board for its consideration in its second meeting. It is further said that under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, the contract labour cannot be abolished without the consultation of the State Advisory Contract Labour Board. On behalf of the respondent No.3, the application was being contested on different grounds.