- (1.) Challenge in this writ application as made by the petitioners, is against the tender notice dated 07.06.2006 and 21.06.2006 issued by the respondent Steel Authority of India Limited, inviting tender for executing the job of manual raising, picking, sorting and sizing of limestone lump, transportation to railway siding and manual loading in to railway wagons at Bhawnathpur Limestone Mines.
(2.) Praying for quashing the above mentioned tender notices, the petitioners have assailed the issuance of the notices on the following grounds: i. The issuance of the tender notices by the respondents is grossly arbitrary and vitiated by malafides and is in violation of the prohibition imposed by the Central Government under Section 10(1) of the Contract Labour Act. ii. The engagement of new set of contractors under the terms of the impugned tender notices, would cause detriment to the three thousand and odd workers and employees of the existing contractors working since the year 1982 in as much as, the workers would suffer loss of Provident Fund, Gratuity, etc under the existing contractors if the new contractor would not recognize any of such rights and would proceed to engage other contract labourers.
(3.) The case of the petitioners is that Limestone and Dolomite Mines at Bhawanathpur was opened in the year 1972 and the entire activities of the mines used to be carried out through contract labourers. A permanent contract was assigned in 1982 through to seven contractors namely, respondents 5 to 11 who happen to be registered contractors under the Contract Labour Act. The DGM, Bhawanathpur Group of Mines, Raw Materials Division, SAIL is the principal employer. The Central Government issued a notification on 17.3.1993 published in the Gazette of India on 3rd April 1993 prohibiting with effect from the date of notification, the employment of contract labour in the limestone and dolomite mines in the country in the works specified in the schedule contained therein namely, the works relating to raising of minerals including breaking, sizing, sorting of limestone/dolomite and transportation of limestone and dolomite which includes loading into and unloading from contractor's dumpers, conveyors and transportation from mines site to factory. After issuance of the notification by the Central Government prohibiting the engagement of contract labourers in limestone and dolomite mines, the petitioners union demanded departmentalization and absorption of the contract labourers working under the various contractors in Bhawanathpur group of mines of Raw Materials Division of SAIL. Though negotiation in the context of the absorption of the contract labour was initiated with the Management of the SAIL, but in violation of the notification issued by the Central Government, the respondent SAIL had issued the tender notice inviting tender for executing contract jobs of manual raising, sizing of limestone lump, etc. in the Tulsi Damar Dolomite Mines in the district of Garhwa.;