- (1.) IN these writ petitions a common question of law has been raised, therefore, all the petitions are decided by one order.
(2.) IT has been prayed in these writ petitions to quash the reference order made in each petition and to declare that after passing of Contract Labour (Regulation and Abolition) Act, 1970 (for brevity 'the Act, 1970'), the Government of Rajasthan has no jurisdiction to make any reference as made under Section 10 of the Industrial Disputes Act, 1947 (for brevity 'the I. D. Act') in respect of Contract Labour.
(3.) THE factual details and number of annexures are given as mentioned in Writ Petition No. 1250/1980. Briefly stated, the petitioner-company has a unit at Kota, Rajasthan, consisting of two factories known as Shriram Fertilizers and Chemicals and Shriram Vinyl and Chemicals Industries which are engaged in the manufacture and sale of PVC, Caustic Soda, Urea etc. The petitioner company employs independent contractors to do jobs which are intermittent in nature, such as loading and unloading of raw-materials received and loading of finished products sent outside the petitioner's factories. The workers employed by the contractors are completely under the control and supervision of such contractors and according to the petitioner there is no relationship of employer and employee between the petitioners and workers employed by the contracts, there being no privity of contract amongst them. The establishment of petitioner is registered under Section 7 of the Act, 1970 and most of the contractors who have undertaken the work, are licenced under Section 12 of the Act, 1970 whenever it is applicable. The respondent No. 1 issued a notification dated July 4, 1980, by which it has referred the following dispute for adjudication to the Industrial Tribunal at Kota. English translation is reproduced below:- "whether the following ten discharged employees who were represented by the Thekedar Mazdoor Union, Chawani, Kota were employees of M/s. Shriram Chemicals Industries, Kota or not? If yes, whether the discharge of the said employees by the Manager, Shriram Chemicals Industries, Kota is valid and legal? If not, what relief the workers are entitled?" The names of 10 workers have also been mentioned in the said reference which is marked as Annexure-A. In the statement of claim filed before the Conciliation Officer as well as the Labour Court, Kota it is admitted that the 10 employees whose names are given in the reference order were employees of Shri Har Dayal Singh, Contractor. The copies of the statement of claim are marked as Annexure-B and C.;