MANAGEMENT OF HIRA CEMENT Vs. UNION OF INDIA

JUDGEMENT

(1.) IN these four writ petitions, the legality of an award by the Board of Arbitrators on a voluntary reference of disputes being made Under Section 10A of the Industrial Disputes Act is in question and since common questions of law and fact are involved, the petitions were heard together and are being disposed of by this common judgment.

(2.) PETITIONERS in these writ applications entered into contract for doing jobs of shifting laying, packing and re -packing in the lime -stone quarries. Petitioners have been granted licence by the Assistant Labour Commissioner -cum -Licensing Officer permitting to employ some workmen on any particular day and the said contracts are being renewed) from time to time and are still subsisting, as admitted to by the Counsel for both parties. The workmen in the cement industry submitted a charter of demands to the employer sometimes in the year 1977, but the negotiation failed and, therefore, both the parties agreed to refer the same for arbitration and an agreement to that effect was entered into by and between the said parties on 14th of September, 1977. The said agreement is one in terms of Section 10A of the Industrial Disputes Act. The Board of Arbitrators consisted of two persons, namely, Shri G. Ramanujam and Shri R. P. Nevatia. The arbitrators passed an award and submitted the same to the Central Government for publication and the Central Goverrnent has published the said award Under Section 17 of the Industrial Disputes Act. The award has dealt with several topics, but in these applications we are concerned with that part of the award which deals with abolition of contract labour. Clause 166 of the award states :

(3.) THE sole question which, therefore, comes up for consideration is whether in view of Section 10 of the Contract. Labour (Regulation and Abolition) Act, 1970, a reference in respect of abolition of contract labour can be made Under Section 10A of the Industrial Disputes Act. This contention was directly raised before the arbitrators but was negatived by the arbitrators and has been dealt with in paragraphs 154 to 166 of the award. A similar question came up for consideration before the Supreme Court in the case of Vegoils Private Ltd. v. The Workmen, AIR 1972 S.C. 1942. In that case, a reference had been made Under Section 10A of the Industrial Disputes Act, one of the disputes being in relation to abolition of contract labour system in the industry One of the contentions which were urged by the Company before the Supreme Court was whether the tribunal had jurisdiction to consider the question of abolition of contract labour in view of the Contract Labour (Regulation & Abolition) Act, 1970. The Supreme Court came to the conclusion :