9911796707
TMI Blog2002 (3) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... employed on contract labour with the first respondent-principal employer, namely, Oil & Natural Gas Corporation Limited(hereinafter being called as "ONGC Limited"). Consequent upon the notification dated 8.9.1994 under Section 10(1) of the Contract Labour(Regulation and Abolition) Act, 1970 by the Central Government, the contract labour in the posts of Boiler Operators, Attendants, Helpers and Peons was prohibited and these appellants claimed that they should be treated as the employees of the first respondent. They filed a Writ Petition before the High Court of Gujarat and learned Single Judge held that these appellants were persons engaged for attending different operations of the boiler in the boiler house of ONGC Ltd. through ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... What is the effect of abolition of contract labour by virtue of the notification issued by Central Government under Section 10 of the Industrial Disputes Act was considered in detail in Steel Authority of India Ltd. and Others Vs. National Union Waterfront Workers and Others (2001) 7 SCC 1. The main question that arose for consideration in that case was whether there should be an automatic absorption of contract labourers working in the establishment of principal employer as regular employees consequent upon the notification under Section 10(1) of the Act. This Court held in clause (5) and (6) of paragraph 125 at page 63 as under:- "On issuance of prohibition notification under Section 10(1) of the CLRA Act prohibiting employment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appropriately, taking into consideration the age of the workers at the time of their initial employment by the contractor and also relaxing the condition as to academic qualifications other than technical qualifications." In the present case, the appellants have alleged that after the filing of the said a ppeal, the contract between first respondent ONGC Limited and the second respondent Ahmedabad Electricity Co. Limited came to an end on 30.11.2000 for operation of boilers and first resp ondent ONGC Limited entered into a contract with M/s. S.S. Construction, Mumbai and M/s. Essel Engineering Services, Mumbai for operation of the boilers at ONGC Limited with effect from 1.12.2000. They have also alleged that some of the appellants we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f contract labour stood prohibited; (iii) where in discharge of a statutory obligation of maintaining a canteen in an establishment the principal employer availed the services of a contractor the courts have held that the contract labour would indeed be the employees of the principal employer." These matters are also to be considered by the Industrial Court/Labour Court if refe rence ultimately reaches before that forum. The learned Counsel for the appellants contended that the decision in Steel Autority of India Ltd. case(supra), is prospective in operation, therefore, these appellants should have been given the benefit of employment under the principal employer, the first respondent ONGC Limited. It is true that in Steel Authority o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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