PARADEEP PHOSPHATES MAZDOOR UNION Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner claims to be a recognised trade union affiliated to Indian National Trade Union Congress. It looks after the interest and causes of its members working in various fields under the Paradeep Phosphates Limited -opp.party No.3. In this writ petition, it seeks a writ in the nature of mandamus directing the State Government of Orissa to issue notification under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970(hereinafter referred to as "the C.L.R.A. Act") prohibiting; employment of the contract labour in Paradeep Phosphates Limited as per the recommendation of the State Advisory Contract Labour Board at Annexure -4.

(2.) AS averred in the writ petition, the case of the petitioner in brief is that Paradeep Phosphates Limited was a Government of India establishment (now it is privatised) and is situated at Paradeep in the State of Orissa for carrying out different types of jobs. Since the Management ignored the demand of the petitioner for regularisation of the contract labourers, it was compelled to move the 'appropriate authority under the C.L.R.A. Act for taking a decision prohibiting employment of contract labour in certain types of jobs in Paradeep Phosphates Limited. Prior to taking up the matter of prohibition of contract labour, the State Advisory Contract Labour Board in its meeting held on 28.1.1997 and 26.7.1997 constituted a committee for making an enquiry and submit a report for the purpose of a decision by the State Advisory Contract Labour Board. The committee, accordingly, made an enquiry and submitted the report at Annexure -3 suggesting abolition of contract labour system in the following; areas : "Bagging Plant : 1. Bagging, Stitching, operating pay leaders, operating Silescape sealing. 2. Counting of filled bags for stocking in wagons.

(3.) MOBILISING the Mazdoors.