Indian Oil Corporation vs Lt. Governor, Delhi And Anr.
1996 Latest Caselaw 838 Del

JUDGMENT

Y.K. Sabharwal, J.

(1) The challenge in this petition is to the notification dated 20.4.87 issued by Labour Department of Delhi Administration under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, prohibiting the employment of Contract labour in the industry in question, namely Petroleum Industry. The short point for determination is whether the notification could be issued by the Delhi Administration or not. Answer to the question would depend on as to which is the Appropriate Government within the meaning of Section 2(a) of the Industrial Disputes Act, 1947. From the notification dated 21.6.84, 20.6.86 and even subsequent notification filed alongwith the affidavit of Mr. Ashok Kapur, Secretary (Labour)-cum-Labour Commissioner, Government of National Capital Territory of Delhi dated 29.1.96 it seems evident that in regard to the industry in question, the Appropriate Government is the Central Government. That is also so specifically stated in the affidavit of Mr. Kapur. In this view of the matter the Delhi Administration had no jurisdiction to pass the impugned notification dated 20th April, 1987.

(2) Accordingly, we make the Rule absolute and quash the impugned notification. The writ petition is disposed of accordingly. The parties are left to bear their own costs.