- (1.) IS the Food Corporation of India not entitled to employ a watchman as contract labour? This is the short question that arises for consideration in this petition. A few facts may be noticed.
(2.) THE Food Corporation of India Class IV Employees Union is the petitioner. It seeks a writ of mandamus directing the Corporation "not to employ watchman for its godown as contract labour". It avers that the workmen in the country had been demanding abolition of contract labour. The employment of contract labour causes discrimination as much as the facilities which are available to the regular workmen are not afforded to the workmen employed through contract. In order to eliminate such discrimination, the Parliament enacted the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act' ). According to the petitioner, the Government of India issued a Notification dated December 9, 1976 prohibiting employment of contract labour w. e. f. March 1, 1977 "for sweeping, cleaning, dusting and watching of building owned or occupied by establishments in respect of which the appropriate Government under the said Act is the Central Government. " It has been further averred that there was a controversy as to which is the, Appropriate Government' in respect of the Regional Offices of the Corporation. This controversy was resolved by the Supreme Court in Hindustan Gum and Chemicals Ltd. v. State of Haryana (AIR 1985 SC 1683), Thereafter, the provisions of the Act were amended by Act No. 14 of 1986. It was provided that Appropriate Government means the Central Government in "relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government"; and "in relation to any other establishment, the Government of the State in which that other establishment is situated. " The petitioner avers that in view of the amendment, the Central Government is the appropriate Government in respect of the Regional Offices of the Food Corporation of India w. e. f. January 28, 1986. On this premises, it is maintained that "as soon as the Central Government became the appropriate Government in respect of the respondent-Corporation, the notification dated December 9, 1976 mentioned hereinabove became applicable to the respondent-Corporation". According to the petitioner, the Corporation is now prohibited from employing contract labour for sweeping, dusting and watching the buildings owned or occupied by it. It is alleged that inspite of the notification, the Corporation continues to employ watchman through contractors which is contrary to the notification. This action is challenged as being totally arbitrary, discriminatory and violative of Article 14 of the Constitution. Having failed to achieve the desired result by approaching the departmental authorities, the petitioner has approached this Court through the present writ petition.
(3.) A written statement has been filed on behalf of the respondent. It has been inter alia averred that there is no notification prohibiting the employment of watchmen as contract labour in the State of Punjab as contemplated under Section 10 of the Act. It has been further averred that till January 28, 1986, the State Government was the appropriate Government in respect of the establishments within the territorial limits of the State of Punjab and that the notification dated December 9, 1976 is "applicable only to those buildings in respect of which the Central Government was the appropriate Government in the year 1976. " It has been further averred that "the Regional Labour Commissioner has issued clarification Annexure P-1 clarifying that the notification is not applicable to those units for which the State Government was an appropriate Government. " The respondent has further averred that "the Central Advisory Contract Labour Board discussed the matter of prohibiting the contract labour for sweeping, dusting and watching the buildings owned or occupied by the Food Corporation of India in its 21st meeting held on July 31, 1989 and a Committee was constituted on November 15, 1989 to consider this matter. The report of Mobile Committee was discussed by the Central Adivsory Contract Labour Board in its meeting held on February 28, 1992 and the Government of India has taken a decision not to prohibit the employment of "contract labour in sweeping, dusting or watching of buildings owned or occupied by the Food Corporation of India vide circular dated May 28, 1992. " On these premises, the claim made in the petition has been controverted and it is maintained that the writ petition has no merit.;