- (1.) Instead of taking up the stay application, we have taken up the appeal itself for final disposal with the consent of the learned Counsel for the parties by treating the same as on day's list.
(2.) The appeal is directed against the judgment dated November 23, 2009 of the Learned single Judge in a writ petition which was filed by 23 persons, private Respondents herein, challenging the decision dated September 19, 2001 of the Central Government, not to prohibit employment of contract labour in the jobs/works of repair of conveyor belts i.e. vulcanising in the establishment of Calcutta Port Trust, Haldia Dock Complex for which the 'appropriate government' under the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the said Act) is the Central Government.
(3.) Learned single Judge disposed of the petition in the following terms: For these reasons, I dispose of the writ petition by saying that the Respondents, especially the port trust and its administrative ministry of the Central Government, shall explore the possibilities of introducing the direct payment system or compelling the incoming contractor, if one substitutes the existing one, to engage the same set of labourers excluding the unwilling ones, so that the Petitioners, giving themselves over to the Port Trust's services during the last twenty-four years, are not shown the door unceremoniously. I have no doubt that if the Respondents concerned can give some benefits to the Petitioners, then they will be promoting the constitutional philosophy and setting an example for others. There shall be no order for costs.;