Labour laws - Notification for abolition of contract Labour engaged in DAP plant- cleaning Granulation, dry section, cleaing in combustion chmaber etc., - D.B. modified and held that those workers engaged in cleaning of Granulation, dry section, cleaning in combustion chamber, were directed to be regularized - the company raised a new plea that the state govt. has no authority to issue notification - Apex court held that We are of the view that since the decisions in the aforesaid writ petitions have reached finality, such question cannot be re-agitated in
another writ petition between same parties as the question will be hit by the principles of res judicata. Now once the Notification dated 28th April, 2000 for abolition of contract labour in respect of the workers in DAP Plant –Cleaning of granulation dry section, cleaning in combustion chamber, etc. was issued, it was incumbent on the part of the Company to implement the same. Since it was not implemented, the High Court rightly directed to implement the same. In view of the fact as noticed above, while we are not inclined to
answer the question about the appropriate government in the present case, keep the same open for determination in an appropriate case. We find no reason to interfere with the impugned judgment and order by which the High Court directed the appellant to implement the notification abolishing the contract labour and to regularize the service of the workmen.=
The Division Bench of Orissa High Court, Cuttack by its impugned
judgment dated 17th September, 2012 in O.J.C. No.7464 of 2000 allowed the
writ petition preferred by respondents and directing the appellant to
enforce notification dated 28th April, 2000 issued by the State Government
for abolition of the Contract Labour in respect of workers engaged in DAP
Plant-cleaning of Granulation, dry section, cleaning in combustion chamber,
etc. The Division Bench further directed the appellant to regularize the
workers engaged in the DAP plant.
The aforesaid judgment was challenged by the appellant by filing a
review petition. The same was heard and disposed of vide impugned order
dated 20th December, 2012 by which the judgment dated 17th September,2012
was modified to the extent that not all the workers engaged in DAP Plant
but those who were engaged in cleaning of Granulation, dry section,
cleaning in combustion chamber, were directed to be regularized. The
aforesaid judgment and order passed in writ petition and review petition
are under challenge in these appeals.=
we find that when earlier writ application OJC No.
2751 of 2000 was disposed of by judgment dated 24th June, 2003, the High
Court directed the Company to consider the recommendation of the State
Advisory Contract Labour Board with regard to abolition of Contract Labour
in respect of 15 other areas left out by it and to take appropriate
decision according to law, though the Company was a party to the said
writ application but no such plea was taken and the direction of the High
Court reached finality.
10. Another Writ Petition being W.P(c) No. 13791 of 2005 was also
disposed of by the High Court on 5th July, 2012. In the said case similar
question regarding implementation of the recommendation of the State
Advisory Contract Labour Board was considered. In the said case also, the
appellant-Company neither contended nor raised the question that the State
Government is not the appropriate government. The said writ petition was
disposed of by the High Court on 5th July, 2012.
11. We are of the view that since the decisions in the aforesaid writ
petitions have reached finality, such question cannot be re-agitated in
another writ petition between same parties as the question will be hit by
the principles of res judicata.
12. Now once the Notification dated 28th April, 2000 for abolition of
contract labour in respect of the workers in DAP Plant –Cleaning of
granulation dry section, cleaning in combustion chamber, etc. was issued,
it was incumbent on the part of the Company to implement the same. Since
it was not implemented, the High Court rightly directed to implement the
same.
13. In view of the fact as noticed above, while we are not inclined to
answer the question about the appropriate government in the present case,
keep the same open for determination in an appropriate case. We find no
reason to interfere with the impugned judgment and order by which the High
Court directed the appellant to implement the notification abolishing the
contract labour and to regularize the service of the workmen.
14. We find no merit in these appeals, they are accordingly dismissed.
2014 - Aug.Part - http://judis.nic.in/supremecourt/filename=41849
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8151 OF 2014
(arising out of SLP(C) No.822 of 2013)
M/S PARADEEP PHOSPHATE LTD. … APPELLANT
VERSUS
PARADEEP PHOSPHATE MAZDOOR UNION & ORS. … RESPONDENTS
With
Civil Appeal No.8152 of 2014
(@)S.L.P(C) No.23088 of 2014 @ SLP(C) CC No. 4627/2013)
J U D G M E N T
SUDHANSU JYOTI MUKHOPADHAYA, J.
Delay condoned. Leave granted.
2. The Division Bench of Orissa High Court, Cuttack by its impugned
judgment dated 17th September, 2012 in O.J.C. No.7464 of 2000 allowed the
writ petition preferred by respondents and directing the appellant to
enforce notification dated 28th April, 2000 issued by the State Government
for abolition of the Contract Labour in respect of workers engaged in DAP
Plant-cleaning of Granulation, dry section, cleaning in combustion chamber,
etc. The Division Bench further directed the appellant to regularize the
workers engaged in the DAP plant.
The aforesaid judgment was challenged by the appellant by filing a
review petition. The same was heard and disposed of vide impugned order
dated 20th December, 2012 by which the judgment dated 17th September,2012
was modified to the extent that not all the workers engaged in DAP Plant
but those who were engaged in cleaning of Granulation, dry section,
cleaning in combustion chamber, were directed to be regularized. The
aforesaid judgment and order passed in writ petition and review petition
are under challenge in these appeals.
3. The factual matrix of the case is as follows:
A writ petition being O.J.C. No. 7464 of 2000 was filed by the
respondents-Paradeep Phosphates Mazdoor Union and others (hereinafter
referred to as the “Trade Union”) seeking enforcement of Notification
dated 28th April, 2000 issued by the State Government abolishing contract
labour in respect of workers in DAP Plant-cleaning of Granulation, dry
section, cleaning in combustion chamber, etc. The respondents contended
that the workers named therein were working in the DAP plant of the
appellant- M/s Paradeep Phosphate Ltd. (hereinafter referred to as the
“Company”) for over 14 years uninterruptedly without any break in service.
They had been engaged through contractors appointed for the purpose from
time to time The contractors were changed but the employees were
continuing their work irrespective of change of contractors. In the
meantime, those workers completed 15 years of service in the particular
establishment. It was submitted that, the Trade Union took up the matter
considering the fate of such persons and several other workers engaged in
different establishments of the Company for prohibition of contract
referring different establishments of the Company and for regularization of
such employees in terms of Section 10(1) of the Contract Labour (Regulation
and Abolition) Act, 1970. After much deliberation and in active
participation of the Company, decision has been taken by the State
Advisory Contract Labour Board in its 21st meeting dated 3rd June, 1999 and
10th June, 1999 for prohibiting contract labour system in 16 areas of
the Company and the same was accordingly recommended by the State Advisory
Board.
4. Meanwhile, the Government of Orissa through its Labour and Employment
Department came out with a Notification dated 28th April, 2000 prohibiting
employment of contract labour in the works in the Company particularly in
the DAP Plant-cleaning of Granulation, dry section, cleaning in
combustion chamber, etc. It was submitted that on behalf of the Trade
Union that once there is a prohibition of competent authority for
engaging contract labourers in a particular work in the particular
establishment, the only course left with the establishment is to straight
away treat the persons concerned as the regular employees of the particular
establishment and the relationship between contractor and the contract
labourers ceases automatically from the said moment when there is an order
prohibiting employment of contract labour in particular work of a
particular establishment. Thus, it was contended that the only course open
for the management is to regularize the employees of the establishment who
were working under the contractor.
5. It was brought to the notice of the High Court that on earlier
occasions, another writ application was filed bearing O.J.C. No.2751 of
2000 which was disposed of on 24th June, 2003 wherein the parties were
common. The said writ application was disposed of by the High Court with
the following observation:
“7. There is no dispute that the State Advisory Contract Labour
Board recommended to the State Government to abolish contract labour system
in sixteen areas of Paradeep Phosphates Limited but in the Government
notification dated 28.4.2000 only one area has been mentioned. On reading
of the note and order of the Minister extracted above, we are inclined to
hold that the Government has not fully considered the recommendation.
Therefore, in the interest of justice, the matter needs reconsideration.
8. For the reasons aforesaid, we direct the State Government
(opposite party no.1) to reconsider the recommendation of the State
Advisory Contract Labour Board with regard to abolition of contract labour
in respect of 15 other areas left out by it and take appropriate decision
according to law within four months of receipt of this order.”
6. In spite of the aforesaid direction, no action has been taken.
Later the aforesaid writ petition being O.J.C. No. 7464 of 2000 was
preferred with the prayer as noticed above. In the said case, the Company
appeared and filed a counter affidavit taking plea that the State
Government is not appropriate government for the purpose of the Act and the
notification issued by the State Government is not binding upon the Company
and did not order for abolition of contract labour.
7. The High Court while observing that the Company failed to
substantiate its stand that the undertaking is controlled by the Central
Government, referred to the decision of this Court in Steel Authority of
India Limited and Others vs. National Union Water Front Workers and
Others, AIR 2001 SC 3527 and held that the Central Government is not the
appropriate Government in such cases. It was also noticed that this plea
was not taken when the earlier writ petition was heard.
8. Similar pleas as were taken before the High Court have been taken by
the appellant and the contesting respondents before this Court.
9. From the record, we find that when earlier writ application OJC No.
2751 of 2000 was disposed of by judgment dated 24th June, 2003, the High
Court directed the Company to consider the recommendation of the State
Advisory Contract Labour Board with regard to abolition of Contract Labour
in respect of 15 other areas left out by it and to take appropriate
decision according to law, though the Company was a party to the said
writ application but no such plea was taken and the direction of the High
Court reached finality.
10. Another Writ Petition being W.P(c) No. 13791 of 2005 was also
disposed of by the High Court on 5th July, 2012. In the said case similar
question regarding implementation of the recommendation of the State
Advisory Contract Labour Board was considered. In the said case also, the
appellant-Company neither contended nor raised the question that the State
Government is not the appropriate government. The said writ petition was
disposed of by the High Court on 5th July, 2012.
11. We are of the view that since the decisions in the aforesaid writ
petitions have reached finality, such question cannot be re-agitated in
another writ petition between same parties as the question will be hit by
the principles of res judicata.
12. Now once the Notification dated 28th April, 2000 for abolition of
contract labour in respect of the workers in DAP Plant –Cleaning of
granulation dry section, cleaning in combustion chamber, etc. was issued,
it was incumbent on the part of the Company to implement the same. Since
it was not implemented, the High Court rightly directed to implement the
same.
13. In view of the fact as noticed above, while we are not inclined to
answer the question about the appropriate government in the present case,
keep the same open for determination in an appropriate case. We find no
reason to interfere with the impugned judgment and order by which the High
Court directed the appellant to implement the notification abolishing the
contract labour and to regularize the service of the workmen.
14. We find no merit in these appeals, they are accordingly dismissed.
............................J.
(SUDHANSU JYOTI MUKHOPADHAYA)
...........................J.
(S.A. BOBDE)
NEW DELHI;
AUGUST 26, 2014.
another writ petition between same parties as the question will be hit by the principles of res judicata. Now once the Notification dated 28th April, 2000 for abolition of contract labour in respect of the workers in DAP Plant –Cleaning of granulation dry section, cleaning in combustion chamber, etc. was issued, it was incumbent on the part of the Company to implement the same. Since it was not implemented, the High Court rightly directed to implement the same. In view of the fact as noticed above, while we are not inclined to
answer the question about the appropriate government in the present case, keep the same open for determination in an appropriate case. We find no reason to interfere with the impugned judgment and order by which the High Court directed the appellant to implement the notification abolishing the contract labour and to regularize the service of the workmen.=
The Division Bench of Orissa High Court, Cuttack by its impugned
judgment dated 17th September, 2012 in O.J.C. No.7464 of 2000 allowed the
writ petition preferred by respondents and directing the appellant to
enforce notification dated 28th April, 2000 issued by the State Government
for abolition of the Contract Labour in respect of workers engaged in DAP
Plant-cleaning of Granulation, dry section, cleaning in combustion chamber,
etc. The Division Bench further directed the appellant to regularize the
workers engaged in the DAP plant.
The aforesaid judgment was challenged by the appellant by filing a
review petition. The same was heard and disposed of vide impugned order
dated 20th December, 2012 by which the judgment dated 17th September,2012
was modified to the extent that not all the workers engaged in DAP Plant
but those who were engaged in cleaning of Granulation, dry section,
cleaning in combustion chamber, were directed to be regularized. The
aforesaid judgment and order passed in writ petition and review petition
are under challenge in these appeals.=
we find that when earlier writ application OJC No.
2751 of 2000 was disposed of by judgment dated 24th June, 2003, the High
Court directed the Company to consider the recommendation of the State
Advisory Contract Labour Board with regard to abolition of Contract Labour
in respect of 15 other areas left out by it and to take appropriate
decision according to law, though the Company was a party to the said
writ application but no such plea was taken and the direction of the High
Court reached finality.
10. Another Writ Petition being W.P(c) No. 13791 of 2005 was also
disposed of by the High Court on 5th July, 2012. In the said case similar
question regarding implementation of the recommendation of the State
Advisory Contract Labour Board was considered. In the said case also, the
appellant-Company neither contended nor raised the question that the State
Government is not the appropriate government. The said writ petition was
disposed of by the High Court on 5th July, 2012.
11. We are of the view that since the decisions in the aforesaid writ
petitions have reached finality, such question cannot be re-agitated in
another writ petition between same parties as the question will be hit by
the principles of res judicata.
12. Now once the Notification dated 28th April, 2000 for abolition of
contract labour in respect of the workers in DAP Plant –Cleaning of
granulation dry section, cleaning in combustion chamber, etc. was issued,
it was incumbent on the part of the Company to implement the same. Since
it was not implemented, the High Court rightly directed to implement the
same.
13. In view of the fact as noticed above, while we are not inclined to
answer the question about the appropriate government in the present case,
keep the same open for determination in an appropriate case. We find no
reason to interfere with the impugned judgment and order by which the High
Court directed the appellant to implement the notification abolishing the
contract labour and to regularize the service of the workmen.
14. We find no merit in these appeals, they are accordingly dismissed.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8151 OF 2014
(arising out of SLP(C) No.822 of 2013)
M/S PARADEEP PHOSPHATE LTD. … APPELLANT
VERSUS
PARADEEP PHOSPHATE MAZDOOR UNION & ORS. … RESPONDENTS
With
Civil Appeal No.8152 of 2014
(@)S.L.P(C) No.23088 of 2014 @ SLP(C) CC No. 4627/2013)
J U D G M E N T
SUDHANSU JYOTI MUKHOPADHAYA, J.
Delay condoned. Leave granted.
2. The Division Bench of Orissa High Court, Cuttack by its impugned
judgment dated 17th September, 2012 in O.J.C. No.7464 of 2000 allowed the
writ petition preferred by respondents and directing the appellant to
enforce notification dated 28th April, 2000 issued by the State Government
for abolition of the Contract Labour in respect of workers engaged in DAP
Plant-cleaning of Granulation, dry section, cleaning in combustion chamber,
etc. The Division Bench further directed the appellant to regularize the
workers engaged in the DAP plant.
The aforesaid judgment was challenged by the appellant by filing a
review petition. The same was heard and disposed of vide impugned order
dated 20th December, 2012 by which the judgment dated 17th September,2012
was modified to the extent that not all the workers engaged in DAP Plant
but those who were engaged in cleaning of Granulation, dry section,
cleaning in combustion chamber, were directed to be regularized. The
aforesaid judgment and order passed in writ petition and review petition
are under challenge in these appeals.
3. The factual matrix of the case is as follows:
A writ petition being O.J.C. No. 7464 of 2000 was filed by the
respondents-Paradeep Phosphates Mazdoor Union and others (hereinafter
referred to as the “Trade Union”) seeking enforcement of Notification
dated 28th April, 2000 issued by the State Government abolishing contract
labour in respect of workers in DAP Plant-cleaning of Granulation, dry
section, cleaning in combustion chamber, etc. The respondents contended
that the workers named therein were working in the DAP plant of the
appellant- M/s Paradeep Phosphate Ltd. (hereinafter referred to as the
“Company”) for over 14 years uninterruptedly without any break in service.
They had been engaged through contractors appointed for the purpose from
time to time The contractors were changed but the employees were
continuing their work irrespective of change of contractors. In the
meantime, those workers completed 15 years of service in the particular
establishment. It was submitted that, the Trade Union took up the matter
considering the fate of such persons and several other workers engaged in
different establishments of the Company for prohibition of contract
referring different establishments of the Company and for regularization of
such employees in terms of Section 10(1) of the Contract Labour (Regulation
and Abolition) Act, 1970. After much deliberation and in active
participation of the Company, decision has been taken by the State
Advisory Contract Labour Board in its 21st meeting dated 3rd June, 1999 and
10th June, 1999 for prohibiting contract labour system in 16 areas of
the Company and the same was accordingly recommended by the State Advisory
Board.
4. Meanwhile, the Government of Orissa through its Labour and Employment
Department came out with a Notification dated 28th April, 2000 prohibiting
employment of contract labour in the works in the Company particularly in
the DAP Plant-cleaning of Granulation, dry section, cleaning in
combustion chamber, etc. It was submitted that on behalf of the Trade
Union that once there is a prohibition of competent authority for
engaging contract labourers in a particular work in the particular
establishment, the only course left with the establishment is to straight
away treat the persons concerned as the regular employees of the particular
establishment and the relationship between contractor and the contract
labourers ceases automatically from the said moment when there is an order
prohibiting employment of contract labour in particular work of a
particular establishment. Thus, it was contended that the only course open
for the management is to regularize the employees of the establishment who
were working under the contractor.
5. It was brought to the notice of the High Court that on earlier
occasions, another writ application was filed bearing O.J.C. No.2751 of
2000 which was disposed of on 24th June, 2003 wherein the parties were
common. The said writ application was disposed of by the High Court with
the following observation:
“7. There is no dispute that the State Advisory Contract Labour
Board recommended to the State Government to abolish contract labour system
in sixteen areas of Paradeep Phosphates Limited but in the Government
notification dated 28.4.2000 only one area has been mentioned. On reading
of the note and order of the Minister extracted above, we are inclined to
hold that the Government has not fully considered the recommendation.
Therefore, in the interest of justice, the matter needs reconsideration.
8. For the reasons aforesaid, we direct the State Government
(opposite party no.1) to reconsider the recommendation of the State
Advisory Contract Labour Board with regard to abolition of contract labour
in respect of 15 other areas left out by it and take appropriate decision
according to law within four months of receipt of this order.”
6. In spite of the aforesaid direction, no action has been taken.
Later the aforesaid writ petition being O.J.C. No. 7464 of 2000 was
preferred with the prayer as noticed above. In the said case, the Company
appeared and filed a counter affidavit taking plea that the State
Government is not appropriate government for the purpose of the Act and the
notification issued by the State Government is not binding upon the Company
and did not order for abolition of contract labour.
7. The High Court while observing that the Company failed to
substantiate its stand that the undertaking is controlled by the Central
Government, referred to the decision of this Court in Steel Authority of
India Limited and Others vs. National Union Water Front Workers and
Others, AIR 2001 SC 3527 and held that the Central Government is not the
appropriate Government in such cases. It was also noticed that this plea
was not taken when the earlier writ petition was heard.
8. Similar pleas as were taken before the High Court have been taken by
the appellant and the contesting respondents before this Court.
9. From the record, we find that when earlier writ application OJC No.
2751 of 2000 was disposed of by judgment dated 24th June, 2003, the High
Court directed the Company to consider the recommendation of the State
Advisory Contract Labour Board with regard to abolition of Contract Labour
in respect of 15 other areas left out by it and to take appropriate
decision according to law, though the Company was a party to the said
writ application but no such plea was taken and the direction of the High
Court reached finality.
10. Another Writ Petition being W.P(c) No. 13791 of 2005 was also
disposed of by the High Court on 5th July, 2012. In the said case similar
question regarding implementation of the recommendation of the State
Advisory Contract Labour Board was considered. In the said case also, the
appellant-Company neither contended nor raised the question that the State
Government is not the appropriate government. The said writ petition was
disposed of by the High Court on 5th July, 2012.
11. We are of the view that since the decisions in the aforesaid writ
petitions have reached finality, such question cannot be re-agitated in
another writ petition between same parties as the question will be hit by
the principles of res judicata.
12. Now once the Notification dated 28th April, 2000 for abolition of
contract labour in respect of the workers in DAP Plant –Cleaning of
granulation dry section, cleaning in combustion chamber, etc. was issued,
it was incumbent on the part of the Company to implement the same. Since
it was not implemented, the High Court rightly directed to implement the
same.
13. In view of the fact as noticed above, while we are not inclined to
answer the question about the appropriate government in the present case,
keep the same open for determination in an appropriate case. We find no
reason to interfere with the impugned judgment and order by which the High
Court directed the appellant to implement the notification abolishing the
contract labour and to regularize the service of the workmen.
14. We find no merit in these appeals, they are accordingly dismissed.
............................J.
(SUDHANSU JYOTI MUKHOPADHAYA)
...........................J.
(S.A. BOBDE)
NEW DELHI;
AUGUST 26, 2014.
