JAGDISH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner seeks direction to quash the order of his retrenchment and take him back in service with all consequential benefits. It is further prayed that first and second respondents be directed to abolish contract labour system in Hindustan Zinc Ltd. and regularise the services of the petitioner.

(2.) It is not in dispute that the petitioner was an employee of the contractor and employment of the contractor for labour of loading and unloading in the respondent Organisation is not prohibited by the Central or the State Government as provided in Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, hereinafter referred to as 'the Act'. In view of this admitted position, no relief can be expected to be granted by this Court.

(3.) Mr. Mahesh Bora, learned counsel appearing for the petitioner relying on the decision of the Apex Court in Air India Statutory Corporation v. United Labour Union reported in AIR 1997 SC 645: 1997 (9) SCC 377 : 1997-I-LLJ-l 113 submitted that abolition of contract labour system ensures right to the workmen for regularisation as an employee in the establishment in which they were working as contract labour through the contractor. It is submitted that a contract stands removed from the Regulation under the Act and the direct relationship of employer and employee is created between the principal employer and the workman. Learned counsel for the petitioner has also invited our attention to the observations of the Apex Court in Air India's case (supra), wherein it is held that High Court in exercise of powers under Art. 226 of the Constitution of India on finding that either the workman, who was engaged in violation of the provisions of the Act or had continued as a contract labour despite privatisation of contract labour under Section 10(1) of the Act, by appropriate direction, can enforce the law. In my view, the aforesaid case is of no help to the petitioner at this stage as no notification has been issued under Section 10 of the Act abolishing contract labour in Hindustan Zinc Limited. It is always open for the petitioner or the appropriate organisation to approach the State or the Central Government for issuing appropriate direction under Section 10 of the Act.