HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 44111 of 2016 Petitioner :- Manoj Kumar Vishwakarma And Anr. Respondent :- Union Of India And 7 Ors. Counsel for Petitioner :- Akhilanand Mishra,Anil Bhushan,Santosh Kr Mishra Counsel for Respondent :- A.S.G.I.,Avadesh Chandra Srivastav,Raj Kumar Singh,S.C.,S.K. Mishra Hon'ble Arun Tandon,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the parties.
This writ petition has been filed by the Joint Secretary, Bhartiya Khadya Nigam Mazdoor Sangh, U.P. Region, Lucknow through its office bearer as well as by the Secretary in his official company.
The petitioners are aggrieved by the notification dated 6.7.2016 issued by the Ministry of Labour and Employment, Government of India, New Delhi as well as consequential order dated 6.7.2016 passed by the Chief General Manager (IR-L), Food Corporation of India Head Quarter, New Delhi.
So far as notification dated 6.7.2016 is concerned, we find that the Central Government having regard to its power under section 31 of the Contract Labour (Regulation and Abolition) Act, 1970, has decided to exempt the depots of the Corporation from the fold of various notifications issued under the said Act for a period of two years, for the various works to be performed through Contract Labour as provided under the Contract labour (Regulation and Abolition Rule 1970 Rule 25 (2) (v) (a). The notification so made by the Government is being challenged before us basically on the ground that the power under section 31 of the Act,1970 can be exercised only in the case of emergency. In the facts of the case, no emergency exists.
The notifications reference to the notification dated 6.7.2010 were issued between 1989 to 2011. It is then contended that the objectives for which such notifications had been issued namely payment on exhorbitant rates paid to regular labour cannot be said to have been diluted in any manner because of the notification issued under section 31 of the Act specially when it is limited for a period of two years only. According to the petitioners, the entire exercise is only an effort to permit the Food Corporation of India at the various depots to engage contract labourers contrary to the provision of the Contract labour (Regulation and Abolition Rule 1970 for a period of two years.
We are of the opinion that the Central Government must disclose the records along with the affidavit of the Secretary concerned disclosing the fact as to what was the urgency for exercising powers under section 31 of the Act. The affidavit must also disclose to the Court as to whether the objective of the reducing pay packet of the regular Labours can be achieved by the said notification or not. Lastly, how can the Food Corporation of India, salvage its financial position by employment of contract labour for loading unloading with the issuance of the notification under section 31 of the Act which is valid for a period of two years only.
The matter shall be listed again on 23.5.2017 (Rekha Dikshit,J) (Arun Tandon,J) Order Date :- 9.5.2017.G.S