Hrishikesh Roy, J. - (1.) Leave granted.
(2.) Heard Mr. Colin Gonsalves, Learned Senior Counsel representing the appellant. Also heard Mr J.P. Cama, learned Senior Counsel representing Respondent No.1/Writ Petitioner (ONGC). Ms. Alka Agrawal, the learned counsel is representing the Union of India.
(3.) This appeal is filed by the ONGC Labour Union who however were not impleaded in the Writ Petition No.1323 of 2013, filed by the ONGC in the High Court of Uttarakhand. The ONGC had challenged the notification dated 08.09.1994 (Annex P6) issued by the Government of India, under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the CLRA Act') prohibiting employment of contract labour in different categories of work, in the ONGC. The High Court allowed the ONGC's Writ Petition and quashed the 08.09.1994 notification of the Central Government. Assailing the said verdict, the Labour Union contends before us that the impugned prohibitory notification was issued after complying with the provisions of Section 10 of the CLRA Act, which requires the Central Government to take into consideration the state of employment of contract labour in any process, operation or other works of any establishment. Specifically, the appropriate Government is required to bear in mind the conditions of work and benefits provided for the contract labour in the establishment by taking into account other relevant factors i.e. whether the work is incidental to or necessary for the industry, if it is perennial in nature, whether it is ordinarily done through regular workmen in the establishment or whether it is sufficient to employ considerable number of wholetime workmen. 3A. The Section 10 of the CLRA Act being relevant is extracted herein below:- "10. Prohibition of employment of contract labour -(1) Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment. (2) Before issuing any notification under subsection (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as - (a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment; (b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation that is carried on in that establishment; (c) whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto; (d) whether it is sufficient to employ considerable number of whole-time workmen. Explanation. - If a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate Government thereon shall be final.";