Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
Signature Not Verified
CONT.CAS(C) 365/2013 Page 9 of 12
Digitally Signed
By:GAURAV SHARMA
Signing Date:07.05.2024
18:53:04
"1) The services of these contract workers shall not be
substituted with other contact workers le. If the respondent
require to employee contract workers in the jobs assigned to
these contract workers, then they will not replace the present
contract workers with fresh contract workers.
2) In case of contract with a particular contractor who has
engaged these petitioners/ contract workers, comes to an end
the said ocotract maybe renewed and if that is not possible
and the contract is given to some other contractor endeavour
should be made to continue these contract workers with the
new contractor. It would be without prejudice to the
respective stand of the parties before the "appropriate
Government and their continuation would depend upon the
decision taken by the Government to abolish or not to
abolish the contract labour system.
3) These directions shall not apply in those cases where the
particular contract of maintenance etc. given by other
establishment to the CPWD earlier has ceased to operate
with the result that CPWD is not having the work/contract
any longer. In those cases it would be open to the CPWD to
disengage such contract workers as not required any longer
in the absence of work/job/particular activity with the
CPWD.
4) If the decision is taken to abolish the contact labour in
particular job/work/process in any of the offices/
establishments of CPWD (as per the terms of the reference
contained in Resolution dated 30th March, 2000), as per
the judgment of the Supreme Court in Air India Statutory
Corporation (supra) such contract workers would be
entitled to be absorbed with CPWD and would be entitled to
claim the benefits in terms of aforesaid judgment. In case
the decision of the "appropriate Government is not be
abolish contract labour system in any of the
works/jobs/process in any offices/establishments of CPWD
the effect of that would be that, contract labour system is
permissible and in that eventuality CPWD shall have the
right to deal with these contract workers in any manner it
deems fit."