K C DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application by fourteen persons who called themselves Labour Contractors, In fact, they were Labour Indentors. They make this application under Article 226 of the Constitution for the writs of mandamus and certiorari to set aside an order of reference dated July 24, 1958, made by the Government under Section 10 of the Industrial Disputes Act as between them and the workmen employed by them represented by the United Contractors' Workers Union and the Thikadar Mazdoor Congress.

(2.) These Labour Indentors recruited Labour for working in the two Companies, namely, the Indian Iron and "Steel Co. Ltd., and the Indian Standard Wagon Co., at Burnpore and Kulti. The contract of employment or of service of these workmen is with these Labour Indentors and not with those two Companies. The petitioners employ this labour. They discharge this labour. They pay this labour. They also maintain a register of their employment.

(3.) The important ground on which the order of reference is challenged by the petitioners can be stated briefly. It is the case of the petitioners that these labourers are not constant and they vary and are changed according to the exigencies of the work. The petitioners admit that they receive payment from these Companies and the petitioners in their turn pay wages to the workers. The workers have no contract of service with the two Companies nor do the two Companies pay the workers directly. It is, therefore, contended on those facts by the petitioners that these workers employed by them could not be said to be workmen within the meaning of Section 2(s) of the Industrial Disputes Act ana that the disputes cannot come within the purview of Section 2(k) of the said Act. In paragraph 21 of the petition, the petitioners contend that the "contract system of work is a purely management function and has nothing to do with any Industry or undertaking." In paragraph 23 of the petition, however, the petitioners admit that they exercise control over the workers by regulating their time of work and also regulating them during the time of work.