PARADEEP PHOSPHATES MAZDOOR UNION Vs. STATE OF ORISS

JUDGEMENT

(1.) The Paradeep Phosphates Mazdoor Union represented though its General Secretary has filed this writ application seeking a direction from the Court to comply with the notification issued by the State Government on 28.04.2000 forabolition of contract labour in respect of the workers in DAP Plant-Cleaning of granulation dry section, cleaning in combustion chamber etc.

(2.) The petitioner is a trade union representing the workers has taken up its cause and filed this writ application seeking enforcement of the aforesaid order and to give regular employment to the persons working in the said work of the establishment. Annexure-1 contends the names of the workers in DAP plant of opposite party no.2 for over 14 years uninterruptedly without any break in service. They have been engaged through Contractors appointed for the purpose from time to time. It is further borne out from the records that though the Contractors have changed the employees are continuing the work irrespective of change of contractors. In the meantime, those persons have completed about 15 years of service in the particular establishment. Considering the fate of such persons and several such other workers engaged in different establishments of opposite party, the Union took up the matter for prohibition of contract labour system in different establishment of the Paradeep Phosphates Ltd. and for regularisation of such employees in terms of Section 10 (1) of the Contract Labour (Regulation and Abolition) Act, 1970. After much deliberation and in active participation of the opposite party no.2, decision has been taken by the State Advisory Contract Labour Board in its 21st meeting dated 03.06.1999 and 10.06.1999, wherein the State Advisory Board has already recommended for prohibition of Contract Labour system in 16 areas of opposite party no.2.

(3.) Opposite party no.2 has filed a detailed counter affidavit. Two aspects that are raised in this case are: firstly, the State Government is not the appropriate Government for the purposes of the Act. It is contended that the Central Government is the appropriate Government and, as such, the Notification issued by the State Government is not binding upon the opposite party no.2. Secondly, it is contended that all the works of the DAP plant has not been ordered for abolition of contract labour. It is, therefore, the stand of the opposite party no.2 that the relief prayed for by the petitioner cannot be granted.