Hotel Labour Union vs Videsh Sanchar Nigam Ltd. And 3 ...
2001 Latest Caselaw 85 Bom

JUDGMENT

1. We have heard the learned counsel for the parties.

2. This petition under Article 226 of the Constitution is filed by the Hotel Labour Union seeking absorption and/or regularisation of the canteen workers who are currently working in the canteen of respondent No. 2 VSNL. The petitioner claims that the work of the canteen is integral to the work of the establishment and the work is of perennial nature. The contract employees who are listed at Exhibit A have been working in the canteen for number of years and they are seeking absorption in the permanent service of respondent No. 2.

3. Considering the controversy between the parties and prayers made in the petition, we are inclined to issue a direction as given in Writ Petition No. 101 of 1998 and Writ Petition No. 425 of 1998 by the Division Bench on April 21, 1998. Division Bench has followed the directions given by the Supreme Court in All India General Mazdoor Trade Union (Registered) v. Delhi Administration 1995 Supp (3) SCC 579 : 1999-III-LLJ (Suppl)- 101. Hence we pass the following order:

(i) The petitioner union shall make a representation of its demand for abolition of contract labour in the concerned occupation to the Board within a period of four weeks from today.

(ii) The Board shall in accordance with law and after hearing the affected parties, consider the grievance of the workmen represented by the petitioner union, tender its advice to the Central Government, within a period of 12 weeks from the date of receipt of the representation. On receipt of the advice tendered by the Board, the Central Government shall, after consideration thereof, make an order under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 either directing abolition of the contract labour in the concerned occupation in the first respondent establishment or for continuation thereof.

(iii) Until such order is passed by the Central Government and for a period of six weeks thereafter the services of the workmen employed as contract labour represented by the petitioner union shall not be dispensed with. The first respondent shall however, be free to engage fresh contractors if the terms of any or all of the present contractors come to an end but the present workmen engaged as contract labour shall be continued to be employed till fresh contractor is appointed for the aforesaid period.

4. All contentions on merits of the respective parties are left open.

5. Petition is disposed of.

6. The parties and the authorities to act on the ordinary copy of this order duly authenticated by the Personal Secretary of this Court.