Bombay High Court
Ahmednagar Zilla Shet Majoor ... vs The State Of Maharashtra And ... on 13 December, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6148 OF 2014
Ahmednagar Zilla Shet Majoor
Union, Trade Union Centre,
Tahsil Kacheri Road, Ward No.1,
Shrirampur, Tq. Shrirampur,
Dist. Ahmednagar ..Petitioner
Vs.
1. The State of Maharashtra,
Through Secretary for Labour
Department, Mantralaya,
Mumbai
2. State Advisory Board,
State of Maharashtra
Contract Labour (Regulation
and Abolition) Act, 1970
Kamgar Bhawan, Block E.B.
Bandra (East), Kurla Sankul-51
3. Mahatma Phule Krishi Vidyapeeth
at Post University, Taluka Rahuri,
Dist. Ahmednagar
Through its Registrar ..Respondents
--
Mr.P.V.Barde, Advocate for petitioner
Mr.M.M.Nerlikar, AGP for respondent nos.1 and 2
Mr.Pradeep Shahane, Advocate for respondent no.3
--
CORAM : R.M. BORDE AND
SANGITRAO S. PATIL, JJ.
DATE : DECEMBER 13, 2016
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ORAL JUDGMENT :
Heard.
2. Rule. Rule made returnable forthwith.
With consent of the parties, the petition is taken
up for final hearing at the admission stage.
3. The petitioner is a recognised Trade
Union with respondent no.3 - employer. The
petitioner moved an application to respondent no.2
seeking prohibition of employment on contractual
basis in view of bar contained in Section 10 of
the Contract Labour (Regulation and Abolition)
Act, 1971 ("the Act", for short).
4. In this petition, the petitioner is
praying for issuance of directions for
consideration of application tendered by it with
respondent no.2 on 09.01.2010 in accordance with
the provisions of Section 10 of the Act. Section
10 of the Act provides thus :-
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"10. Prohibition of employment of
contract labour
(1) Notwithstanding anything
contained in this Act, [but, subject
to the provisions of Clause (c) of
sub-Section (5) of Section 1] the
appropriate government may, after
consultation with the Central Board
or, as the case may be, a State
Board, prohibit, by notification in
the Official Gazette, employment of
contract labour in any process,
operation or other work in any
establishment.
(2) Before issuing any notification
under sub-section (1) in relation to
an establishment, the appropriate
government shall have regard to the
conditions of work and benefits
provided for the contract labour in
that establishment and other relevant
factors, such as-
(a) whether the process, operation or
other work is incidental to, or
necessary for the industry, trade,
business, manufacture or occupation
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that is carried on in the
establishment;
(b) whether it is of perennial
nature, that is to say, it is of
sufficient duration, having regard to
the nature of industry, trade,
business, manufacture or occupation
carried on in that establishment;
(c) whether it is done ordinarily
through regular workmen in that
establishment or an establishment
similar thereto;
(d) whether it is sufficient to
employ considerable number of whole-
time workmen.
Explanation - If a question arises
whether any process or operation or
other work is of perennial nature,
the decision of the appropriate
government thereon shall be final."
5. Since the application tendered by the
petitioner is pending with respondent no.2 since
last six years, respondent no.2 needs to be
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directed to decide the application of the
petitioner expeditiously.
6. Respondent no.2 is directed to take a
decision on the application tendered by the
petitioner referred to above, on its own merits
and in accordance with law and on consideration of
the policy formulated by the State Government in
that behalf, as expeditiously as possible and
preferably, within a period of six months from
today.
7. Rule made absolute accordingly. There
shall be no order as to costs.
[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.]
kbp
