P. Sathasivam, J. - (1.) This appeal is directed against the final judgment and order dated 01.08.2000 passed by the Division Bench of the Gauhati High Court in Writ Appeal No. 195 of 1996 whereby the High Court allowed the writ appeal, inter alia, directing the appellant to pay equal and similar wages and other benefits to the contract labourers who work in the finishing job under Rule 25 (2) (v) of the Contract Labour (Regulation and Abolition) Assam Rules, 1971 (hereinafter called the Rules).
(2.) Brief facts in a nut shell are as follows: The contesting 1st respondent herein is a registered Trade Union having its registered office at Panchgram District Hailakandi, Assam on behalf of 34 contract labourers hired by a contractor for the appellant-Hindustan Paper Corporation Ltd. (Cachar Paper Mill) (in short the Mill) filed a representation before the Labour Officer/Inspector of Assam, Hailakandi through its president for implementation of Rule 25(2) (v) (a) of the Rules vide their letter dated 13.01.1992. The Labour Officer and Inspector on the basis of the said representation called for an explanation/reply from the said Mill. Since there was no response, the Labour Officer sent another letter dated 17.09.1992 and requested the Mill to submit its comments on the said representation. In the absence of any comments, the Labour Officer proposed to hold an inquiry on 11.03.1993 and the same was communicated to the Mill. Again the date of enquiry was fixed to 29.04.1993. The Labour Officer conducted the inquiry and forwarded a letter to the Mill on 04.06.1993. On receipt of the copy of the said inquiry report, a reply was sent by the Mill to the Labour Officer contending that the contract labour and the regular labour are on two different footings and there is a reasonable classification between them. The Labour Officer, in his letter dated 02.07.1993 forwarded the reply of the Mill to the Trade Union thereby seeking comments on the said letter. Thereafter, the Labour Officer, by his letter dated 09.09.1993 forwarded all the materials to the Labour Commissioner, Assam for final decision. On receipt of the same, the Labour Commissioner directed the Assistant Labour Commissioner, Silchar to determine the nature of work in the finishing house of the Mill at Panchgram by regular workers and contract labourers. Pursuant to the same, the Assistant Labour Commissioner visited the Mill and after examining the nature of the job being performed by the contract labourers and regular employees forwarded his report by letter dated 25.07.1994. The Labour Commissioner, after examining the report submitted by the Assistant Labour Commissioner, Silchar passed an interim order dated 03.02.1995, thereby allowing the existing condition of wages and other facilities to continue till further evaluation and a final settlement is arrived in regard thereto. Aggrieved by the said order, the Trade Union filed Civil Rule No. 1359 of 1995 before the Single Judge in the Gauhati High Court. The learned Single Judge, by his order dated 13.02.1996, dismissed the said writ petition. The Trade Union filed a Writ Appeal No. 195 of 1996 before the Division Bench. By order dated 01.08.2000, while examining the validity of the interim order passed by the Labour Commissioner, the Division Bench allowed the representation of the Trade Union on merits and directed the appellant-Mill to give equal pay and other benefits to the contract labourers as that of regular employees. Questioning the said order, the Mill has filed the above appeal.
(3.) Heard Ms. Shruti Choudhary, learned Counsel appearing for the appellant-Mill and Mr. D.K. Agarwal, learned senior counsel appearing for the first respondent-Trade Union.;