- (1.) Delay condoned. Leave granted. This appeal by special leave is directed against the judgment and order dated 31-3-2008 passed by the Division Bench of the High Court of Calcutta whereby the Board of Trustees for the Port of Calcutta, Respondent 1 (for short "CPT") has been directed to approach the Ministry of Labour through the Ministry of Shipping for resolution of the dispute concerning abolition of contract labour in the works of sleeper renewal of railway tracks, repairing/restoration and laying and linking of tracks in the establishment of CPT.
(2.) The appellants are contract labour who claim to have worked continuously from 1988 until 2006 under different contractors engaged by CPT for maintenance of railway tracks within their complex. Upon the issue being raised by them, a committee was constituted under Section 5 of the Contract Labour (Regulation and Abolition) Act, 1970 (for short "the Act") by the Central Advisory Contract Labour Board (for short "the Central Board") to study the working of contract labour system in the jobs/works of sleeper renewal of railway tracks, repairing/restoration and laying and linking of tracks in the establishment of CPT and make suitable recommendation, whether or not the employment of contract labour in the above jobs/works in the establishment of CPT be prohibited under the Act.
(3.) The Committee in its report opined that works/jobs of sleeper renewal of railway tracks in the establishment of CPT were of regular nature attracting Section 10(2) of the Act, 1970 and accordingly, recommended for prohibition of contract labour in respect of the said jobs. Despite recommendation of the Committee constituted under Section 5 of the Act, the Central Government decided not to prohibit employment of contract labour in the jobs/works of sleeper renewal of railway tracks, repairing/restoration and laying and linking of tracks in the establishment of CPT which led to the filing of writ petition by the present appellants before the High Court of Calcutta. Vide order dated 22-7-2004 the High Court directed the Central Government to reconsider the issue concerning abolition of contract labour in CPT and pass a fresh order after hearing all the parties concerned.;