Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour only contracting |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Contract Labour (regulation and Abolition) Act, 1970 (37 of 1970) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | "Labour only contracting" or "Inside contracting system" adopted by the Southern, South Central and South Eastern Railways in respect of catering cleaners while the other units of the Indian Railway have abolished it-Whether a writ of mandamus lie in a petition under Article 32 of the Constitution compelling the primary employees to abolish the practice in the light of the provisions of s.10 of the Contract Labour (Abolition and Regulation) Act, 1970-The Contract Labour (Abolition and Regulation) Central Rules, 1971, section 25(ii)(iv) and 25(ii)(v)(a) and (b). More than a quarter of a century ago, in the Standard Vacuum Refining Company v. Its Workmen, [ 1960] 3 SCR 466 the Supreme Court affirmed the direction of the Industrial Tribunal for the abolition of the contract system of labour. As a result thereof, the Contract Labour (Abolition and Regulation) Act came to be passed, "to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. The Central Government, in exercise of its powers conferred by section 35 of the Act, has made the Contract Labour (Abolition and Regulation) Central Rules, 1971. Section 10 of the Act empowers the appropriate Government to prohibit by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment subject to the fulfilment of the conditions in sub-section (2) thereof and after consulting the Central Board or the State Board as the case may be. Rule 25 prescribes the forms, terms and condition of licence including the payment of minimum wages under the Minimum Wages Act, 1948 holiday, hours of work etc. etc. The Writ Petitioners, alleged that in spite of the Report of the Parliamentary Committee of Petitions under the Chairmanship of Shri K.P. Tewari dated 30.4.1984 and their representations the Southern Railway persisted in employing contract labour for cleaning its catering establishments and pantry cars by paying a pittance averaging Rs.2.00 to Rs.2.50 per day. Most of the other Railways had abolished the system of employing labour through a contractor. Therefore, they sought relief for the abolition of the Contract Labour system by the issuance of a writ of mandamus under Article 32 of the Constitution and for a direction to treat them as regular employees. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1987 INSC 34 |
Petitioner | Catering Cleaners Of Southern Railway Etc. |
Respondent | Union Of India & Ors. Etc. |
SCR | [1987] 2 S.C.R. 164 |
Judgement Date | 1987-02-04 |
Case Number | 19 |
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