Aloke Chakrabarti, J. - (1.) The employer has challenged the impugned award by the Labour Court on a contention that Labour Court is not having the jurisdiction to decide the dispute referred before it as the workmen concerned here were engaged under an agreement by the contractor and not by the Principal employer and such a question can be decided only under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 and not under the Industrial Disputes Act. In support of such contention Mr. Ashok Mohiley, learned counsel for the petitioner referred to the judgments in the case of Vegoils Private Ltd. v. The Workmen (1971-II-LLJ-567)(SC), Management Burntah Shell Oil Storage and Distribution Co. of India Ltd., Madras v. The Industrial Tribunal, Andhra Pradesh and Ors. 1975 Lab. I. C. 165 decided by a Division Bench of Andhra Pradesh, B.H.E.L. Workers Association, Hardwar and Ors. v. Union of India and Ors. (1985-I-LLJ-428)(SC) and Dena Nath and Ors. v. National Fertilisers Ltd. and other. (1992-I-LLJ-289)(SC)
(2.) Relying on the aforesaid law particularly the law decided in the case of Dena Nath (supra) it has been contended that the aforesaid Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act of 1970) merely regulates the employment of contract labour in certain establishments and provides for its abolition in certain circumstances. It is stated that the said Act does not provide for total abolition of contract labour but it provides for abolition by the appropriate Government in appropriate cases under Section 10 of the said Act and therefore, when appropriate Government has not decided in respect of the present establishment applying the power under Section 10 of the said Act, the matter could not be decided by the Labour Court as the jurisdiction of the forum under the Industrial Disputes Act is not authorised to deal with the said matter required to be decided by the appropriate Government only under Section 10 of the said Act of 1970.
(3.) Mr. Bhupendra Nath Singh, learned counsel for the respondents workmen contended that there was no irregularity on the part of the Labour Court in deciding the said question in view of the law as it stands. In support of such contention the learned counsel for the respondent workmen relied on the judgment in the case of Basti Sugar Mills Ltd v. Ram Ujagar decided by the Apex Court on April 4, 1963 in Civil Appeal No. 225 of 1963, Gujarat Electricity Board, Thermal Power Station, Ukai v. Hind Mazdopr Sabha and others (1995-II-LLJ-790)(SC) and Air India Statutory Corporation etc. v. United Labour and Ors. etc. (1997-I-LLJ-1113 & 1151) (SC).;