- (1.) THIS writ petition has been filed for restraining the respondents from engaging contract labour and for reinstating the nelpers and other workers if their services are terminated during the pendency of the writ petition. The facts of the case giving rise to this writ petition may be summarised thus.
(2.) THE Ganganagar Co-operative Oil Seed Processing Mills Ltd. (hereinafter to be called 'the Mills') (Respondent No. 5) is an instrumentality of the State. It manufactures edible oils. Power connection has been taken by it from the Rajasthan State Electricity Board as a non-seasonal establishment. It has been decided to start a solvent plant and the extension work is at its primary stage. There have been settlements in the year 1985 and 1988 in between the petitioner Union and the Respondent No. 5. The services of the members of the petitioner Union are governed by the Standing Orders duly certified under the Industrial Disputes (Standing Orders) Act, 1946. It has nowhere been provided in this Standing Orders that Respondent No. 5 can engage contract labour. The Mills have no authority to change service conditions of the members of the petitioners' Union by engaging contract labour without complying with the provisions of the Industrial Disputes Act, 1947 (hereinafter to be called 'the Act' ). The Mills have got published advertisement (Annexure 3) in the 'rajasthan Patrika', Bikaner dated January 10, 1991, inviting applications from helpers, seasonal clerks, chemists and others. The total strength of the helpers is 79 but seniority list shows their strength to be 59 only. The names of the helpers who have completed 240 days are shown in the list (Annexure 4 ). Inviting applications from Contractors for supplying Helpers and other workmen to the Mills amounts to depriving them of their permanent status and their rcgularisation on the said posts. This practice amounts to unfair labour practice and violates the provisions of the Act and it also hits Articles 14 and 16 of the Constitution of India.
(3.) IN their reply, the Mills have raised several preliminary objections. Firstly, the detitioners have an alternative remedy under Section 10 (2), Contract Labour (Regulation and Abolition) Act, 1970. Secondly, the writ petition is premature as the respondents have no intention to terminate the services of the helpers and other workmen who have completed more than 240 days except in accordance with law. Thirdly, the State of Rajasthan, Secretaries of the Co-operative and Agricultural Departments of Labour Commissioner of the Government of Rajasthan (Respondent Nos. 1 to 4) are not necessary parties and they have unnecessarily been impleaded in the writ petition. Fourthly, the writ petition involves several disputed questions of fact. It has further been averred in the reply by the Mills that it is incorrect to say that the power connection taken by them is non-seasonal, presently it is a sick unit, Certified Standing Orders not been produced and in their absence the petitioners cannot be permitted to say anything, contract labour is being engaged by the Mills since the inception. Certified Standing Orders are applicable only to the employees engaged by the Mills. Engagement of contract labour does not change the service conditions of the employees, the strength of the helpers and workmen always changes, some of them have left, the Mills have no intention to remove any of them, in any eventuality if their removal becomes necessary, it will be done in accordance with law and there is no change in the service conditions of the permanent employees.;