SINGHBHUM THIKEDAR MAZDOOR SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner, claiming to be the union of about 200 workers, has Prayed for issuance of an appropriate writ or direction directing the respondents to implement the provisions of Contract Labour (Regulation and Abolition) Act, 1970, and for enforcement of the notification, dated February 17, 1993, issued by the State Government as contained in Annexure-8 to the writ petition. In para 2 of the writ petition the petitioner, representing the workers employed in the scrap yard of Tata Engineering and Locomotive Company, Ltd., Jamshedpur (shortly referred to as TELCO), through Kay Pee and Sons, claimed the following reliefs;

(2.) Subsequently by filing an amendment petition the petitioner further prayed for a direction to the respondents to pay for the workmen the same wages as are paid to those similarly situated employees of TELCO working in the scrap yard.

(3.) The case of the petitioner is that it represents about 200 workers employed in the scrap yard of the TELCO, through its contractors mentioned here in above, who are engaged in the job of arranging the scrap by separating different items to facilitate their auction by the TELCO and also loading the scrap after auction for delivery to the purchasers which facilitates and helps in attracting the customers of the auction and the value of scraps auctioned every month is more than 80 lakhs and the activity is of perennial nature and the workers have been doing this work permanently and as a result of the services of the workers, the TELCO, is able to earn because if the services of the workers is not available, the auction of scrap will be difficult and further that the workers had been litigating for abolition of contract labour which resulted in depriving the workers of regular scale of pay, welfare facilities and direct relationship of employment with the principal employer and as a result of the efforts of the workers, notification under Section 10 of the Act was issued on December 17, 1977 prohibiting employment of contract labour in works relating to production and maintenance of machines carrying of materials from the stores to machines and back in different departments and sweeping and cleaning of workshops, roads and drains within the factory premises and in office, stock taking and watch and ward as well as sanitation in the TELCO.