M.Y.EQBAL, J. - (1.) Heard Mr. Rajiv Ranjan, learned counsel appearing for the petitioners and Mr. P.K. Prasad, learned counsel appearing for the respondents. In this writ petition, the petitioner, namely, Bokaro Steel Workers Union representing the contract labourers, filed this writ petition seeking a direction to the Steel Authority of India Limited to implement and give effect to the notification issued under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 prohibiting the contract labour in the nature of work as specified in the Schedule. They further seek direction upon the respondents to regularise the services of the contract labourers workmen with effect from 1993, under the aforesaid notification issued under Section 10 of the said Act. A
(2.) The respondent-SAIL having its Head Office at Calcutta has its captive mines of Limestone and Dolomite at Bhawanathpur in the district of Garhwa, which was opened in the year 1972 and the mining activities is going on since then. The Limestone and Dolomite mines were assigned to various contractors since 1972 on permanent basis. It is stated that labourers represented by the petitioners-union have been working since 1972. Admittedly, when the notification under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 was issued, the respondents- Management were restrained from giving effect to the notification dated March 17, 1993 by the Calcutta High Court.
(3.) The relief sought for by the petitioners cannot be granted by this Court in the light of the decision of the Hon'ble Supreme Court in the case of Steel Authority of India Limited and others v. National Union Waterfront Workers and others AIR 2001 SC 3527 : 2001 (7) SCC 1 : 2001-II-LLJ-1087. However, the fact remains that the most of the labourers have been working since 1972 and have been continuously rendering their services for the last 25-30 years. Taking into consideration this fact, I hold that the notification with regard to absorption/regularisation of the services of those workers shall be considered by the Industrial Tribunal for which the petitioners shall approach at an early date. Till the claim of the labourers is not finally adjudicated by the Labour Court or the Tribunal, the Management shall not remove those labourers at the instance of the contractors. Even if the new contractors are engaged, the Management shall see that those labourers, who have been working for the last 25-30 years, shall continue to work under the new contractors. It goes without saying that the Management may put a condition in the notice inviting tender to this effect. With the aforesaid direction, this writ petition is disposed of.;