S.S.SUDHALKAR, J. - (1.) The main point involved in these writ petitions being inter-connected, they were heard together. The employer-Punjab State Electricity Board has filed CWP No. 955 of 2000 praying that the notification dated November 27, 1998, (copy at Annexure P-5) vide which the Punjab Government prohibited employment of contract labour in six processes in Guru Gobind Singh Super Thermal Plant Chanauli, District Ropar be quashed. The plants qua which the contract labour is prohibited are as under: 1. Coal Handling Plant (Operation and Maintenance). Unloading of coal/oil and cleaning of coal handling plant system. 2. Maintenance of Turbo Generation. 3. Maintenance of Boiler/Mills side and Ash Handling. 4. Maintenance of Electrical Equipments. 5. Maintenance and Control of Instruments. 6. Maintenance of Auxiliary of Thermal Plant.
(2.) Ropar Thermal Power Contractors Workers Union and the General Secretary of the union have filed CWP No. 4010 of 1999 praying that Punjab State Electricity Board be directed to absorb the employed workers in the above mentioned coal handling plants from the date of their initial engagement. They have also prayed for arrears of pay on account of difference in regular pay scale and the pay already granted to them.
(3.) Arguing the case of the Punjab State Electricity Board in CWP 955 of 2000 learned counsel for the PSEB Mr. Sanjeev Sharma argued that the notification issued by the Government is faulty because the proper procedure as required under the law for issuing the notification is not followed. He has further argued that the Contract Labour (Regulations & Abolition) Act, 1970 (hereinafter referred to as the "Act") does not ipso facto terminate contract labour system but empowers the appropriate Government to do so and the appropriate Government has to follow a proper procedure and after considering the matter, has to take a decision whether the contract labour has to be prohibited or not. He has also argued that the work carried out in the above mentioned plants cannot be said to be perennial in nature. Under Section 3 of the Act there is a provision for constituting a Central Advisory Board. Similarly under Section 4 of the Act there is a provision for constituting a State Advisory Contract Labour Board (hereinafter referred to as the "State Board"). The Board has to advise the State Government on such matters arising out of the administration of this Act. The appropriate Government (Central Government or the State Government) after considering the Central Board or the State Board, as the case may be, by a notification can prohibit employment of contract labour in any process, operation or other work in any establishment. However, the appropriate Government has to consider the conditions of work and the 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 carried on in that establishments; (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." ;