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TMI Blog1999 (11) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to appear before the Selection Committee on different dates for the post of unskilled workers and were required to submit application forms duly filed in with necessary documents on or before 19.3.1985 and since then a series of meetings at bipartite and tripartite levels with regard to the departmentalisation of Jobs as-well as absorption of contractor workmen were held and ultimately a memorandum of settlement dated 28.6.94 was signed pursuant to a tripartite meeting held before the Labour Commissioner between the Steel Authority India Limited (for short SAIL) and Durgapur Steel Plant (for short DSP) and their workmen represented by diverse Contractors Workers' Unions whereby it was stipulated in sub-Clause (1) (2) and (3) of Clause 5 that those who were found medically unfit and aged above 45 years as per medical examination report would have no claim for absorption In Durgapur Steel Plant and only those were medically fit and upto 45 years of age as per medical examination report would be considered for absorption. 2. Appearing to the writ petitioners-respondents, they have been working under the contractors since long even after the notification and they have been su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Hon'ble Supreme Court in Air India Statutory Corporation has failed to appreciate that the effect of a Tripartite Settlement subsequent to a notification under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 on the aspect of absorption of contract labourers engaged in a notified job not having come up for consideration of the Supreme Court in the judgment reported in (1997)ILLJ1113SC , the said judgement was not applicable to the present case. 8. The learned counsel appearing for the respondent has submitted that the Industrial Dispute Act not being applicable the Contract Labours Tripartite Settlement under section 18(3) of the Industrial Disputes Act is not binding upon the writ petitioner and such settlement is void for being contrary to the provision and scheme of the Contract Labour Act and violative of the Article 16 of the Constitution of India. 9. The notification under section 10 of the Contract Labour Act was Issued on 28.6.82. The petitioners appeared before the Selection Committee and submitted documents on 19.3.85. The Tripartite settlement was signed on 28.6.94 and writ petition was filed on 12.8.94. From the date of abolition of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... employment are constitutional rights. Right to means of livelihood is also a constitutional right. Right to facilities and opportunities are only part of and means to right to development. Without employment or appointment, the workmen will be denuded their means 6f livelihood and resultant right to life, leaving them in the lurch since prior to abolition they had the work and thereby earned livelihood. (ii) The question is whether after abolition of contract labour system the contract labourers who were earlier having regulatory protections would be rendered persons non grata and would be thrown out from the establishment and told off the gates. Then in such a case the remedy of abolition of contract labour would be worse than the disease and it has to be held that the legislature while trying to Improve the lot of erstwhile contract labourers who are doing work of perennial nature for the principal employer and are doing work which is otherwise to be done by regular workmen had really left them in the lurch by making them loss all the facilities available to contract labour in the establishment as per Chapter V and desired them to wash their hands off the establishment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s held :-- Though there is no express provision in the Act for absorption of the employees whose contract labour system stood abolished by publication of the notification under section 10(1) of the Act, in a proper case, the court as sentinel on the qui value is required to direct the appropriate authority to act in accordance with law and submit a report to the court and based thereon proper relief should be granted. The Founding Fathers placed no limitation or fetters on the power of the High Court under Article 226 of the Constitution except self-imposed limitations. The arm of the court is long enough to reach injustice wherever it is found. The court as sentinel on the qui value Is to mete out Justice in given facts. On finding that either the workmen or were continued as contract labour, despite prohibition of the contract labour under section 10(1) the High Court has, by judicial review as the basic structure, a constitutional duty to enforce the law by appropriate directions. It would, therefore, be necessary that in stead of leaving the workmen in the lurch, the Court properly moulds the relief and grants the same in accordance with law. 16. Thus the arguments on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 10(1) to again appoint the Mohlle Committed to go once over into the selfsame question and the recommendation of the latter not to abolish the contract labour system in the above services and the acceptance thereof by the Central Government are without any legal basis and therefore non est. 18. We are, therefore, in agreement with the finding of the learned Trial Judge that the tripartite settlement dated 28.6.94 so far as it prejudicially affects the right of absorption of the respondents is Inoperative and of on consequence. 19. As regards the submission on behalf of the Appellants that the State Government was not the appropriate Authority for Issuing the notification, the learned Trial Judge rejected the contention relying upon the decision in Steel Authority of India Ltd. v. State of West Bengal Ore ., reported in 1998 (80) FLR 245 and we do not find any reason to differ from the same. Moreover, the notification dated 28.6.82 issued by the State Government as the appropriate authority was acted upon by the Appellants and the same was never challenged till the filing of the affidavit-in-opposition in the writ petition before the learned Trial Judge. 20. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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