STEEL AUTHORITY OF INDIA Vs. SHEO NAYAK MURAR

JUDGEMENT

(1.) The case history for judicial surgery of the issues involved in the appeal and the petition aforementioned to the extent relevant is as follows: The appellant and petitioner Steel Authority of India, for brevity called SAIL, engaged contractors for work at its stock yards within the jurisdiction of this Court who, in their turn, engaged labourers. Initial controversy as to who the competent authority was urged before the apex court in Writ Petition No. 1439 of 1987 which was disposed of follows:

(2.) If any arrears of wages due to the petitioners they are at liberty to approach the Payment of Wages Authority, it is stated that the petitioners have already moved petition before the Payment of Wages Authority in Calcutta. We direct the West Bengal Government to appoint a Presiding Officer of the Payment of Wages Authority within one month from today. The Payment of Wages Authority shall dispose of the petition within five months. Status quo as on today shall be maintained with regard to the employment of workmen concerned for contractor. The writ petition is disposed of."

(3.) Thus maintaining status quo, the Supreme Court directed the Government of the State of West Bengal to decide the question whether contract labour should be abolished in the stockyards or not to issue appropriate order within four months. In compliance to the above order of the Supreme Court, the State Government proceeded as required under the Contract Labour (Regulation and Abolition) Act, 1970 described hereinafter as the Act, and the Rules framed thereunder. A committee constituted by the Advisory Board as contemplated under sections 4 and 5 of the Act after necessary enquiries, recommended and the Government on 15th July, 1989 issued notification prohibiting employment of contract labour in any process, operation or other work in the above four stockyards of the Steel Authority of India Ltd at Sl. Nos. 1, 2, 3 and 4 in the said schedule with effect from 1st September, 1989. SAIL, however, refused the State Government to review its order and recall the notification and sought its suspension until the review application seeking recall of the notification of abolition of contract labour was disposed of. The State Government, on 28th August, 1989, issued notification to the effect that the operation of the order contained in the notification dated 15.7.89 be kept in abeyance till 31.3.90. The order in the notification dated 28th August, 1989 was continued under various subsequent notifications and it appears the said process of keeping the implementation of the notification of the operation of contract labour abeyance was continued until 1.9.94.