- (1.) THE present writ petition has been preferred for the following reliefs: (i) For issuance of an appropriate writ in the nature of certiorari commanding the respondents to certify and transmit the records relating to the case of the petitioner to this hon'ble Court so that your Lordship on perusal thereof may do conscionable justice to the petitioner by quashing, setting aside, modifying, cancelling, varying and/or altering any order, and, in particular (i) the Notification as contained in Notification No. S. O. 664 E dated June 9, 2003 whereby and whereunder the government of India in exercise of powers conferred under Section 10 (1) of the Contract labour (Regulation and Abolition) Act of 1970 has prohibited the employment of contract labour in the job/work of raising and tracking of iron ore in the establishment of Manoharpur mines of Steel Authority of India Limited, chiriya, District-Singhbhum-West, Bihar with effect from the date of publication of the notification in the official Gazette; and (ii)Minutes and the decision of the 42nd meeting of the Central Advisory Contract Labour Board (CADLB) held on December 12 and 13, 2002 as contained in item No. 22 whereby and whereunder the Board had decided taking into consideration the judgment in the L. P. A. No. 111/2002 that nothing new has to be done in the case rather there was an error in the language of the earlier notification and left the matter to the government for rectifying the notification; holding them to have been passed illegally and adversely affecting the interest of the petitioner; (ii) For issuance of a further writ/order/ direction from this Hon'ble Court commanding upon the concerned respondents to forbear them from giving effect to acting pursuant to or in furtherance of the Notification No. S. O. 664 E dated June 9, 2003.
(2.) THE petitioner in the instant case is indian Iron and Steel Co. Ltd. which is a Central government Public Undertaking under the ministry of Steel and is also a Estate within the meaning of Article 12 of the Constitution of india. In the instant case the relief claimed is a challenge to the Notification issued by the government of India in exercise of its power conferred under Section 10 (1) and (2) of the contract Labour (Regulation and Abolition) Act 1970 vide which the employment of contract labour has been prohibited.
(3.) SHRI Anil Kumar Sinha, learned senior counsel appearing for the petitioner has submitted that the Notification issued by the central Government is in the teeth of the earlier order passed by the Division Bench of this hon'ble Court. The Hon'ble Division Bench while referring to and relying upon the Steel authority Of India Ltd. and Others v. National union Waterfront Workers and Others AIR 2001 SC 3527 : (2001) 7 SCC 1 : 2001-II-LLJ-1087 held that the appropriate government has not complied with the statutory and mandatory requirement as provided under Clauses (a) to (d) of Section 10 (2) of the Contract Labour (Regulation and abolition) Act 1970.;