INDRADEO PANDEY, AN UNSKILLED CONTRACT LABOUR ENGAGED IN THE STOCKYARD OF STEEL AUTHORITY OF INDIA LIMITED Vs. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF LABOUR, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Though the Respondent Union of India and the Steel Authority of India Limited(SAIL) are also represented through their Counsel but no one has appeared on their behalf.

(2.) The writ petition is of the year 2000. Petitioner herein is a workman who claims to be engaged as contract labour doing loading and unloading work in the stockyard of SAIL at Bokaro Steel Limited(BSL) for last 15 years or more. He has approached this Court for issuance of writ/order/directions upon the Respondents to immediately abolish the system of Contract Labour of Bokaro Trading Company, who has been engaged in loading and unloading job of the materials in the Stockyard of SAIL for the last 15 years and also absorb the petitioner working there in the regular employment of BSL under SAIL. He has also requested for a detailed inquiry into the nature of work undertaken at the Stockyard for the purpose of determination whether the said work is in the nature of permanent nature of job, which falls under the criteria prescribed under Sec. 10(2) of the Contract Labour(Regulation and Abolition) Act, 1970 and on such finding the Respondents are duty bound to abolish the prohibited Contract Labour System in the SAIL. Petitioner also prayed for a direction upon the Respondents to abide by the decision of the Honourable Supreme Court on the subject and absorb such Contract Labours in regular employment under SAIL after abolishing the prohibited practise. Consequential relief of arrears of difference of wages have also been sought pursuant to such determination.

(3.) When the matter was taken up on 14.2013, taking note of the submission of the learned counsel for the petitioner, following order was passed in order to have a considered response of the Respondents, Ministry of Labour, Government of India:-