Punjab-Haryana High Court
Brij Lal And Others vs The Secretary Labour To Government Of ... on 4 March, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No.1419 of 1993 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No. 1419 of 1993(O&M)
Date of Decision: March 4, 2014.
Brij Lal and others
...... PETITIONER(s)
Versus
The Secretary Labour to Government of India and others
...... RESPONDENT (s)
CORAM:- HON'BLE MS.JUSTICE RITU BAHRI
Present: None for the petitioners.
Mr. Rajiv Sharma, Advocate
Standing Counsel for Union of India.
*****
RITU BAHRI, J.(Oral)
The present petition has been filed for issuance of appropriate writ directing respondent No.1 to prohibit the employment of Contract Labour System in the Food Storage Depots of the Food Corporation of India at Dabwali. It is contended that petitioners had been working in the depot of Food Corporation of India at Dabwali for the last more than ten years. They were originally employed by the FCI for the work of loading, unloading and stacking of food grains through the contractors. They were issued identity cards, which were signed by the Contractor as well as by the Assistant Manager, FCI, Mandi Dabwali and one such identity card is at Annexure P1. Singh Omkar 2014.03.10 10:34 I attest to the accuracy and integrity of this document Chandigarh CWP No.1419 of 1993 2 Pursuant to the judgment passed by Hon'ble Supreme Court in Civil Writ Petition No.13558 of 1983 titled as 'Food Corporation of India Workers' Union v. Food Corporation of India and others', a writ of mandamus was issued qua the Government except the Government of Madhya Pradesh for appointment of a Committee under Section 5 of the Act to ensure that the contract labour system under the Corporation should be abolished. The Committee formed under Section 5 of the Act recommended that the Contract Labour System be abolished in depots where there is work for more than 170 days in a calendar year. Consequently, contract labour system was abolished in 22 depots of Haryana. In the petitioners' depot the work was undertaken for more than 234 days, 205 days and 226 days for the years 1990, 1991 and 1992, respectively. They requested the respondents to abolish the contract labour system as per their representation dated 29.09.1992, Annexure P6.
Upon notice, reply has been filed by the respondents. The respondents have referred to an affidavit, Annexure R1, which was filed in the Hon'ble Supreme Court in I.A. No.1 of 1989 in writ petition No.13508 of 1983 stating that work load in respect of three depots at Ellanabad, Kalanwali and Dabwali of District Sirsa did not qualify for abolition of Contract Labour System in view of criteria followed by the Ministry of Labour of the Government of India.
The writ petition was admitted on 26.07.1993 and the petitioners were directed to work as contract labour. Subsequently on an application made by respondent No.4 i.e., M/s Dabwali Goods Transport Union, vide which interim order dated 26.07.1993 as modified by order dated 06.08.1993 Singh Omkar 2014.03.10 10:34 I attest to the accuracy and integrity of this document Chandigarh CWP No.1419 of 1993 3 allowing the petitioners to work as contract labour was vacated by this Court vide detailed order dated 06.03.1996 by observing that in the garb of interim stay order, the petitioners were pressurizing the respondents to take work from them and forcing the contractor to pay them higher charges on the ground that he was awarded contract at a higher rate. After the vacation of interim stay order on 06.03.1996, almost 18 years have gone by now and the fact that the petitioners are still working in the said depot cannot be ascertained.
Hence, in view of the same, the present writ petition is disposed of granting liberty to the petitioners to revive this petition within three months, if any grievance survives.
( RITU BAHRI ) March 4, 2014. JUDGE 'om' Singh Omkar 2014.03.10 10:34 I attest to the accuracy and integrity of this document Chandigarh