SC quashes T.N. notification on contract labour

By T. Padmanabha Rao

NEW DELHI, FEB. 1. The Supreme Court has quashed a notification issued by the Tamil Nadu Government under Section 10 (1) of the Contract Labour (Regulation and Abolition) Act, 1970, prohibiting the employment of `Contract Labour' in the process of ``sweeping and scavenging in the establishments/factories which are employing 50 or more workmen.''

The prohibition is without reference to class of establishment which is involved or the conditions of work in a particular establishments, the Court said.

Delivering the judgment of the Bench, Mr. Justice S. Rajendra Babu held that ``the decision of the Government in issuing the notification under Section 10(1) of the Act is thus vitiated because of non-consideration of relevant materials.''

The Bench which included Mr. Justice S.N. Vairava, however, made it clear that ``it is open to the Government to issue a fresh notification after due consideration of the matter in accordance with law.''

The Bench allowed a group of connected appeals from certain managements (appellant) against a verdict of the Madras High Court dismissing their writ petitions against the impugned notification. A plea of the appellants was that there had been ``no effective consultation with the Tamil Nadu State Contract Labour Advisory Board'' (TNCLAB) before issuing the notification the question.

``The mere fact that several notifications have been issued in relation to contract labour or that system in sweeping and scavenging has been abolished in `some other industries' may not, by itself, be sufficient to hold that a common notification applicable to all industries and establishments abolishing contract labour in sweeping and scavenging could have been issued by the Government without necessary material,'' the Bench pointed out.

The Bench, on scrutiny of the relevant files, said that ``thus, it is clear that no definite view was expressed by the Board (TNCLAB) in this regard'' and ``the fact that the Board had been consulted in the matter is indisputable.''

``So also the fact that no decision was taken by it?'' (the Board), the Bench added.

``In the circumstances, it is not very clear as to how the Government could have reached the conclusion one way or the other in the absence of any advice by the Board and in the absence of any other material'', the Bench observed.

Send this article to Friends by E-Mail

Section  : National
Previous : Date for filing IT returns extended
Next     : GSLV launch delayed