FOOD CORPORATION OF INDIA CLASS IV EMPLOYEES UNION REGD SANGRUR Vs. FOOD CORPORATION OF INDIA CHANDIGARH

JUDGEMENT

(1.) The only question that arises for adjudication in this appeal is whether the Food Corporation of India can employ watchmen, as contract labour for its godowns.

(2.) Succinctly stated, the facts of the case are that the appellant challenged the action of the respondent-Corporation to engage watchmen as contract labour on the ground of violation of section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act'). The appellant pleaded that in view of the notification dated 9.12.1976 issued by the Government of India prohibiting engagement of contract labour w.e.f. 1.3.1977 for sweeping, cleaning, dusting and watching of buildings owned or occupied by establishments in respect of which the appropriate government under the said Act is the Central Government, the respondent-Corporation cannot engage watchmen as contract labour. The appellant relied on the amendment of the Act made by the Amending Act No. 14 of 1986 and urged that in view of the amended definition of the expression appropriate government, the Central Government will be deemed to be appropriate government qua the Food Corporation of India and, therefore, the prohibition imposed by it should be enforced against the Corporation.

(3.) The respondent contested the writ petition and averred that in view of the clarification given by the Government of India vide letter No. 31/27/85-L.-S. 111 dated 20.5.1987, the notification dated 9.12.1976 cannot be applied to the establishments of the Corporation.