1989 (11) TMI 329 - SC - Indian Laws

Summary

Issues involved: Interpretation of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970; Challenge to the notification issued by the Government of West Bengal prohibiting employment of contract labour in specific departments of a company; Allegations of hostile discrimination and violation of Article 14 of the Constitution of India.

The judgment dealt with the interpretation of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, which empowers the appropriate Government to prohibit the employment of contract labour in certain processes or operations in an establishment. The case involved a challenge to a notification issued by the Government of West Bengal prohibiting the employment of contract labour in certain departments of a company. The petitioners alleged hostile discrimination, contending that they were being treated differently from other workers in similar positions, which they argued violated Article 14 of the Constitution of India.

The petitioners argued that the job of loading and unloading of bricks, excluded from the notification, was allied and incidental to other jobs in the same department and should not be treated differently. They emphasized the interconnected nature of the tasks and contended that all workers performing these jobs should be treated alike.

The respondents, on the other hand, argued that the job of loading and unloading of bricks was not of perennial nature and justified its exclusion from the notification based on factors like the intermittent supply of bricks and the decision of the appropriate Government.

The Court observed the historical context of contract labour practices, emphasizing the need to abolish such systems for the welfare of workers. It noted that the work done by the petitioners was essential to the company's operations and questioned the justification for treating them differently from other workers.

The Court examined the arguments presented by both parties and found no justification for excluding the job of loading and unloading of bricks from the notification. It held that the exclusion was discriminatory and violated Article 14 of the Constitution. The Court directed that the petitioners and other workers in similar positions be treated equally, with reinstatement and back wages for those who were retrenched during the legal proceedings. No costs were awarded in the matter.