SHEIKH JAHANGIR ALI Vs. UNION OF INDIA
LAWS(CAL)-2009-11-39
HIGH COURT OF CALCUTTA
Decided on November 23,2009

SHEIKH JAHANGIR ALI Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

JAYANTA KUMAR BISWAS, J. - (1.) The twenty-three petitioners in this writ petition dated October 9,2001 are aggrieved by the decision of the Central Government dated September 19, 2001, Annexure P-9 at p. 132, "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 is the Central Government."
(2.) Mr. Bhattacharya, counsel for the petitioners, has drawn my attention to the findings of the Assistant Labour Commissioner (Central), Calcutta - III recorded in his enquiry report dated April 7, 2000, Annexure P8 at p. 127, which are as follows: "From the above facts and circumstances, the following observations have been made: 1. That the jobs of rate contract for repairing and maintenance of conveyor belts and also repair of power and control cables of various plants and machineries under "Power and Equipment" Division of Haldia Dock Complex (CPT) are executed by the management of Haldia Dock Complex through contract labour for about 14 to 15 years. 2. Shri Jahangir Ali and 22 others have been working under Chanda Vulcanizers Pvt. Ltd. 3/1B, Mahendra Road, Calcutta-700 025, the contractor for above 12 to 15 years for the above job in Haldia Complex.
(3.) The same contractor is engaged by the management of Haldia Dock Complex' (CPT), probably because they could get the job in all the time till date though the contract is awarded periodically by inviting open tenders.;


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