PARADEEP PHOSPHATES MAZDOOR UNION Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel appearing for the State as well as opposite party no.3.

(2.) The petitioner being a Trade Union, affiliated to the Indian National Trade Union Congress, has filed this writ application seeking a mandamus against opposite party no.1 to forthwith issue notification under Section 10 of the Contract Labour (Regulation and Abolition)Act, 1970, hereinafter called as the Act for brevity, prohibiting contract labour system in remaining fifteen areas of the Establishment of opposite party no.3 and issue a writ of certiorari to quash Annexure-3, in which the State Government has upheld the decision taken earlier to declare only one area of work to be prohibited from the contract labour excluding fifteen other areas of the work.

(3.) Opposite party no.3 is a private establishment carrying out different types of jobs, though there is requirement of regular employment, bit it is pleaded by the petitioner that for personal gain and with vested interest, they carries on various jobs through contract labourers engaged through contractors for a long time, as a result of which there was dissatisfaction amongst the contract labourers. The petitioner-Union agitated the matter before the Management again and again which went unheard, as a result of which, the State Advisory Contract Labour Board, hereinafter referred as the Advisory Board for brevity, in its meeting held on 28.01.1997 and on 26.07.1997 constituted a Committee for making an enquiry and to submit a report for the purpose of a decision by the Advisory Board. The Committee after making spot enquiry submitted its report stating that the contract labour with respect to sixteen areas of work should be abolished. The Advisory Board, in its 21st Meeting, unanimously resolved to recommend the State Government to abolish the contract labour system in the above mentioned jobs in the place, for which such a recommendation has been made by the Committee.