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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."