Calcutta High Court (Appellete Side)
Indian Oil Blending Ltd. Employees & ... vs Union Of India & Ors on 11 June, 2014
Author: Soumen Sen
Bench: Soumen Sen
1
11-06-2014
S.L. No. 43.
Ct 5/ tm.
W.P NO. 2651 (W) of 2013
The Workmen of Indian Oil Blending Ltd. Kolkata represented by
Indian Oil Blending Ltd. Employees & Central Labour Union
vs.
Union of India & Ors.
Mr. Madhusudan Datta
.......For the Petitioner
Mr. Arijit Chowdhury
Mr. Somnath Ray
.......For IOCL
Mrs. Sukla Das Chandra
.......For UOI
Affidavit-in-opposition filed by the
respondent no. 6 as well as respondent no. 1 are
taken on record.
This writ petition is at the instance of the union of Indian Oil Blending Limited Employees & Contractor Labour Union.
The petitioner stated that the jobs of the workmen are integral part of the business of the company and by reason of the perennial nature of job the authorities concerned must abolish the contract labour in the establishment of respondent no. 6.
Mr. Madhusudan Datta, learned advocate appearing for the petitioner submits that a representation is pending before the Advisory Board with regard to the abolition of the said system. The entire matter falls within the domain of the Central Advisory Board to take a decision in this regard. The affidavit-in-opposition filed on behalf of the respondent no. 1, UOI shows that the Central Advisory Contract Labour Board of Ministry of Labour & Employment vide Resolution dated 03.05.2010 constituted a committee consisting of 3 (three) members including Dy. Chief Labour Commissioner (Central), Kolkata as a member convener. The committee conveyed a meeting on 17.06.2010 by issuing notice to all the parties wherein IOC Management was present.
2However, union representative found absent as mentioned in the concerned file note-sheet.
A report was prepared on the basis of an enquiry conducted by the respondent authorities after visiting the plant at Paharpur. It is also stated that a spot enquiry was also conducted by the team constituted to look into the matter. The committee submitted a report on 27th June, 2012 to the Central Advisory Contract Labour Board of Ministry of Labour & Employment, New Delhi. It is stated that the matter is pending with the Central Advisory Contract Labour Board of Ministry of Labour & Employment, New Delhi.
In view of aforesaid, the Central Advisory Contract Labour Board of Ministry of Labour & Employment, New Delhi is directed to consider the said report and take a final decision in the matter within a period of eight weeks from the date of communication of this order. It is made clear that I have not gone into the merit of the matter and the Central Advisory Contract Labour Board shall take a decision after taking into consideration of the relevant factors and if required after giving an opportunity of hearing to the parties.
This writ petition is, accordingly, disposed of.
There shall, however, be no order as costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(SOUMEN SEN, J.)