Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITON NO.698 OF 1998 Mumbai Shramik Sangh & Ors. ..Petitioners Vs. Rashtriya Chemicals & Fertilizers Ltd. & Ors ...Respondents Mr. Bhavesh Parmar for the Applicant.Petitioners Mr. Girish Kulkarni with Mr. A.Y. Mishra for Respondent RCF. CORAM : F.I. REBELLO & A.A. SAYED, JJ. DATED : 29st April, 2010 P.C. The petitioners who are employed in the canteen of Respondent No.1 have sought the relief by way of mandamus to treat all the workmen concerned in the present petition as regular and permanent employees and consequential reliefs. 2. The stand of the Respondents here is that the petitioners are contract workers and not the direct employees and consequently the relief as prayed for cannot be granted. 3. Our attention is invited to the judgment of the Supreme Court in Rashtriya Chemicals & Fertilizers Ltd. & Anr. vs. General Employees’ Association & Ors., (2007) 5 S.C.C. 273. 4. Considering the law as now declared by the Supreme Court it will not be possible for this Court to make a reference in the absence of the Appropriate Government abolishing the employment of contract labour in the establishment. There was some controversy as to whether the Appropriate Government is the Central Government or State Government. However, we find that in respect of the respondent themselves in Writ Petition No.883 of 1997 in the case of Mumbai Shramik Sangh vs. The Rashtriya Chemicals & Fertilizers Ltd., & Ors., decided on November 23, 2006, this Court proceeded on the footing that the appropriate Government is the State Government. Considering the above, in our opinion, this petition can be disposed off by issuing the following directions:- (i) The petitioner to make representation to the State Government for abolition of contract labour within twelve weeks from today. (ii) The State Government on receipt of such application not later than sixteen weeks thereafter to refer the matter to the Advisory Board as required under the provisions of the Contract Labour (Regulation and Abolition) Act. On receipt of the report from the Board the Appropriate Government to take decision within eight weeks thereafter and communicate the same to the parties. If the State Government takes a decision to abolish the Contract Labour it will be open to the petitioners to move the Industrial Tribunal, if there is no settlement between the parties by way of a reference. (iii) Till such time the decision is taken by the appropriate Government the respondent to allow the workers represented by the petitioners presently working to continue as contract labourers through the contractor who may be engaged till the decision by the State Government and for a period of four weeks from the date of communication of the decision to the parties. Petition disposed off. There shall be no order as to costs. (A.A. SAYED, J.) (F.I. REBELLO,J.)