D.N. Patel, ACJ - (1.) This petition has been preferred as public interest litigation for the following prayers: "that in the instant writ application, the petitioner prays for issuance of a direction to the concerned respondents to immediately stop the coal Mining Carried out by contractors in the name of outsourcing in the gross violation of the Sec 10 of the Contract Labour (Regulation and Abolition) Act 1970 Under which the central has prohibited employment of Contract-Labour in Raining or raining cum selling of coal, coal loading and unloading, overburden removal and earth cutting vide S.O 2068 dated June 21, 1988 and be further please to direct the concerned authorities to initiate legal proceeding against the concerned respondents besides after persons found involved in the violation of the Section 10 of above act as per the act. Be further please to direct an impartial, independent and detailed enquiry under the Supervision of this Hon'ble Court unearth the Coal Mining Scam of the concerned respondents. Your Lordships may deem fit and proper for doing conscionable justice to the petitioner."
(2.) For the aforesaid prayers, this petition has been preferred mainly with the allegation that respondent company is engaging the contractor for mining activity i.e. coal mining activity which is prohibited under the Contract Labour (Regulation and Abolition) Act 1970. The contract labours are engaged in raising or raising-cum-selling of coal, coal loading and unloading, over burden removal and earth cutting etc. In this work, the contract labourers can not be given the work and the workers engaged under this contract are in fact the workers of the respondent company. Basically no contract can be given to any contractor for the aforesaid purpose and to prevent this activity and also for holding enquiry for the contract already given by the respondent, this writ petition has been preferred.
(3.) We have heard learned counsel appearing for the respondent company who has submitted that detailed counter affidavit has been filed and it is submitted by the counsel for the respondent that they are not engaging the contractor for mining activity at all, except for the areas in which there is under ground fire, which has been spread over approximately 30 (thirty) Sq. Kilometers of Bharat Coking Coal Limited, they engage contractors as per the policy and approved Master Plan for dealing with fire. This Master Plan has been approved by the Ministry of Coal Govt. of India, this was also presented in the Public Interest Litigation matter bearing no. 381/1997 before the Hon'ble Supreme Court of India. This fact has been stated in paragraph 9 of the counter affidavit filed by the respondent company and the various clauses of Master Plan approved vide paragraph 6.11, clause no.20 of the tender document etc. have also been referred.;