S.J.MUKHOPADHAYA,J. - (1.) THE petitioner, a contractor, has challenged the order, dated 22nd December, 2000. passed by the Licensing Officer under Contract Labour (Regulation and Abolition) Act. 1970 (Contract Labour Act, for short), whereby and whereunder licence granted to the petitioner under the provisions of the Contract Labour Act has been cancelled. Further prayer has been made to issue writ of mandamus commanding/directing the respondents to renew licence of petitioner with prohibition and direction not to interfere with the work of petitioner as licensed contractor.
(2.) ACCORDING to the petitioner, respondent No. 3. M/s. Tata Engineering and Locomotive Co. Ltd. (TELCO. for short), issued Form -V in favour of petitioner on 30th September, 1980 under the Contract Labour Act, on an application preferred by the petitioner under Form -IV. Subsequently, after due verification, the respondents issued Licence No. 767, dated 30th December, 1980 for employing 499 contract labours and lor maintenance of services in TELCO Canteen of M/s. TELCO Ltd. Jamshedpur initially for a period of one year. On the basis of the Licence No. 767, dated 30th December. 1980. the petitioner -Company continued its activities of maintaining services, i.e., preparation of food. staff and service thereof to the TELCO workers and other allied activities connected with the TELCO canteen by employing the contract labours as mentioned in the licence. The licence was renewed by respondent No. 2. Licensing Officer, from time -to -time. till a show cause notice was issued by respondent No. 2 on 28th July. 2000. According to the petitioner. it was giving maintenance service, i.e., preparation of food, service to the TELCO workers connected with the TELCO canteen. It being a registered established issued Form -V under the Bihar Contract Labour (Regulation and Abolition) Rules. 1972 (for short. "Rules").
(3.) IT was fulfilling its contractual obligations by employing its own labourers. To regulate the service conditions of Us employees, the petitioner has its own standing orders certified under the Industrial Employment (Standing Orders) Act.;