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Hrishikesh Roy, J.

1. Leave granted.

2. Heard Mr. Colin Gonsalves, Learned Senior Counsel representing the appellant. Also heard Mr J.P. Cama, learned Senior Counsel representing Respondent No.1/Writ Petitioner (ONGC). Ms. Alka Agrawal, the learned counsel is representing the Union of India.

3. This appeal is filed by the ONGC Labour Union who however were not impleaded in the Writ Petition No.1323 of 2013, filed by the ONGC in the High Court of Uttarakhand. The ONGC had challenged the notification dated 08.09.1994 (Annex P6) issued by the Government of India, under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as ‘the CLRA Act’) prohibiting employment of contract labour in different categories of work, in the ONGC. The High Court allowed the ONGC’s Writ Petition and quashed the 08.09.1994 notification of the Central Government. Assailing the said verdict, the Labour Union contends before us that the impugned prohibitory notification was issued after complying with the provisions of Section 10 of the CLRA Act, which requires the Central Government to take into consideration the state of employment of contract labour in any process, operation or other works of any establishment. Specifically, the appropriate Government is required to bear in mind the conditions of work and benefits provided for the contract labour in the establishment by taking into account other relevant factors i.e. whether the work is incidental to or necessary for the industry, if it is perennial in nature, whether it is ordinarily done through regular workmen in the establishment or whether it is sufficient to employ considerable number of whole- time workmen.

5.1 The learned Senior Counsel Mr. Colin Gonsalves for the appellant argues that when the challenge to the CLRA Act notification was made, the ONGC should have arrayed the representative Labour Union whose members are likely to be impacted by the Court proceeding and since this was not done, the ONGC Labour Union, had no opportunity before the High Court of Uttarakhand. The learned Senior Counsel refers to the Communication dated 31.05.1993 (Annexure-P/3) and the report of the Sub-Committee to point out that the Ministry of Petroleum & Natural Gas had undertaken the required study on the establishments of the ONGC, before issuing the impugned notification (08.09.1994) under the CLRA Act but in the absence of the Labour Union, the High Court was kept in the dark about the Sub-Committee’s inspection, deliberations and recommendation to the Ministry. Thus only one sided projection was made before the High Court. This by itself according to the Counsel, would warrant interference with the impugned judgment rendered in absence of the affected workman.

6.2 Supporting the High Court’s verdict, learned counsel for the respondent refers to certain passages in the SAIL (supra) judgment to contend that an omnibus notification without considering all factors in each establishment cannot be issued as this would be contrary to the statutory postulates of Section 10 of the CLRA Act. 6.3 The Senior Counsel for the first respondent argues that the impugned notification (08.09.1994) prohibiting employment of contract labour was hastily issued because of the time frame stipulated by the Bombay High Court in the WP(C) No.2185/1991. According to Mr. Cama, establishment specific study was not conducted and hence the decision-making process was vitiated. Moreover, other relevant factors including those mentioned in sub- section (2) of Section 10 of the CLRA Act were not considered and the impugned notification itself did not mention in its body, the compliance with the requirement of Section 10(2) of the CLRA Act. The learned Senior Counsel projects that the Central Government’s decision is vitiated by non-application of mind. 6.4. Mr. Cama next submits that for alleged failure to implement the notification dated 08.09.1994 (stayed by Andhra Pradesh High Court), the officers of the ONGC were subjected to criminal summons by the CJM, Dehradun and that is why, the Section 482 Cr.P.C. Petition had to be filed before the Uttarakhand High Court. Later, the W.P. No.1323/2013 (M/S) was also filed in the same High Court by the ONGC, to challenge the prohibitory notification issued under Section 10(1) of the CLRA Act.

7. On the other hand Ms. Alka Agrawal, the learned Counsel for the Central Government contended that the impugned notification was issued in accordance with the requirement of Section 10 of the CLRA Act. Moreover, background study on employment of contract labour was conducted, relevant reports were received and the process was finalized only after consultation with the Central Advisory Contract Labour Board and other stakeholders.

8. The 08.09.1994 notification under Section 10 of the CLRA Act which abolished the contract labour system in ONGC establishments across the country, was challenged for the first time in 2003 by the Rajahmundry assets of the ONGC which filed the Writ Petition No.4460 of 2003 and Writ Petition No.3397 of 2003, in the Andhra Pradesh High Court. Interim order was passed on 25.03.2003 by the High Court in that proceeding and those cases are perhaps still pending. Before the Uttarakhand High Court, the case came to be filed much later in 2013. Even before those challenges were made, internal circulars were issued within the ONGC, to comply with the 1994 notification, issued under Section 10 of the CLRA Act.