IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.867 OF 2001 A.A.Catering Co. and Ors. ..... Petitioners V/s. Assistant Labour Commissioner (Central) and Ors. ..... Respondents Mr.O.S.Kutty a/w Sabiha Mukadam, for the petitioners Mr.V.B.Tiwari a/w Mr.H.K.Vardhan, for the respondent-Union of India. CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ. DATED : 16TH APRIL, 2009. P.C. 1. The petitioner has challenged the show cause notice issued by the Assistant Labour Commissioner (Central), Mumbai and Inspector under C.L. (R&A) Act, 1970, dated 28-08-2000, by which the petitioner was asked to rectify the irregularities mentioned in the Inspection Report and was also asked to show cause within 10 days from the receipt of the notice as to why legal action by way of prosecution under Section 23 and 24 of the C.L. (R & A) Act, 1970 should not be taken against the petitioner. 2. The learned counsel for the petitioner submitted that the provisions of Contract Labour (Regulation and Abolition) Act, 1970, are not applicable so in far as the railway contractor is concerned, as he was not a 2 contractor within the meaning of Section 2(c) of the said Act. In this behalf, the learned counsel for the petitioner has relied upon a decision of by the Patna High Court in the case of P.R.Catering V/s. The State of Bihar & Anr., decided in Criminal Miscellaneous No.12667 of 1996 dated 16-01-2001. So far as the aforesaid case is concerned, the petitioner in that case was engaged in the business of catering, which includes sale of food and drinks to railway passengers in different trains. The Patna High Court found that the facts of the case do not come within the purview of the said Act. 3. Relying upon the aforesaid judgment of the Patna High Court, the learned counsel for the petitioner contended that the show cause notice issued by the Assistant Labour Commissioner, was bad in law. It is to be noted that earlier the Division Bench of this Court, while admitting the writ petition, had stayed the further proceedings. Considering the facts and circumstances of the case, we direct the Assistant Labour Commissioner to take appropriate decision regarding the Show Cause Notice in accordance with law. At the time of taking decision, the Assistant Labour Commissioner may take into consideration the relevant provisions of law and the authority shall also see to it as to whether the provisions of Contract Labour (Regulation & Abolition ) Act, can be made applicable so far as the petitioner's contract is concerned. While deciding the same 3 question, the observations made by the Patna High Court may also be taken into consideration. The decision that will be arrived at by the competent authority to be communicated to the petitioner. If the ultimate decision is against the petitioner, it will be open to the petitioner to adopt appropriate proceedings in accordance with law. 4. Rule is accordingly made absolute in the aforesaid terms with no order as to costs. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )