THE HON’BLE SRI JUSTICE C.V. RAMULU Wednesday, 30th day of January,2008 W.P.No.11337 of 1998 Between:- Mekala Venkata Nageswararao & others … Petitioners and The Regional Manager, HPCL, Post Box No.5, 130/1, Sabestian Road, Secunderabad and others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.11337 of 1998 ORAL ORDER: This Writ Petition is filed seeking a Mandamus declaring the action of the respondents in not abolishing contract labour system under Section 10 of the Contract Labour (Regulation and Abolition) Act,1970 in Hindustan Petroleum Corporation Limited in spite of the work is perennial in nature and also in not absorbing the petitioners as permanent employees of respondents 1 to 4 as highly arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to direct respondents 1 to 4 not to fill up the posts through Employment Exchange till the petitioners are absorbed in regular vacancies. This Writ Petition is filed by Tadepalli Area Motor Lorry & HPC, BPC, IOC Oil Tankers Workers’ Union, Tadepalli, Guntur District and other workmen. It is their contention that petitioners 2 to 9 are unskilled labour and working from 1985 onwards. The respondent- company was constituted under the provisions of the Companies Act and is an instrumentality of the Central Government. Though petitioners 2 to 9 are being engaged continuously, they are engaged under a contractor, even though the contractor keeps on changing. It is their case that the Contract Labour (Regulation and Abolition) Act, 1970 (for short ‘the Act’) regulates the registration of the establishment of principal employer and the contractor engaging and supplying the contract labour in every establishment in which 20 or more workmen are employed on any day of the preceding 12 months as contract labour. The Act has come into force with effect from 5-9-1970. Petitioners are engaged through one B.Apparao, who is said to be a certified contractor and obtained licence under the provisions of the Act. According to the petitioners, as per Section 7 of the Act, the principal employer of an establishment has to apply for registration and have it registered thereunder. The registration is subject to revocation under Section 8, on fulfillment of certain conditions enumerated therein. The effect of non-registration is enumerated in Section 9, in the mandatory language, that no principal employer shall employ contract labour in the establishment after the specified period. Section 12 enjoins a similar obligation on the contractor for registration, with mandatory language, that from the appropriate date, no contractor to whom the Act applies, shall undertake or execute any work through contract labour, except under and in accordance with the licence issued in that behalf by the Licensing Officer. Section 10 prohibits employment of contract labour, with a non-obstante clause. The appropriate Government, after consultation with the Central Advisory Board or, as the case may be, the State Board, prohibit, by notification published in the official gazette, employment of contract labour in any process, operation or other work in any establishment. Before issuing any such notification, the appropriate Government is enjoined to have regard to the conditions of work and benefits provided for the contract labour in the establishment and other relevant factors. Section 20 makes it mandatory to provide amenities of welfare and health facilities enjoined in Sections 16 to 19 of the Act. Further, Rules have been made under the said Act. The Central or State Advisory Board advises the appropriate Government under Section 10(1) on the issue, whether or not to abolish the contract labour system, it has before it, and the appropriate Government, after receipt and consideration of the recommendations and the material, takes a decision. Now, it is the contention of the petitioners that they have been working in the respondent-organization for the last more than 10 years as on the date of filing of the Writ Petition and completed 20 years of service as of now and their very continuation in the jobs would indicate that there is a permanent need for engaging them in the organization permanently. Apart from that, petitioners have asserted that the work attended to by them is connected with the main activity of the organization and also perennial in its nature; therefore, they are entitled for seeking directions for abolition of contract labour system in the respondent-organization. A detailed counter affidavit has been filed on behalf of the respondents denying the allegations made by the petitioner. It is asserted that the petitioners have no right whatsoever to seek a declaration from this Court for abolition of the contract labour system in the respondent-organization. It is always open for the petitioners to go before the State Advisory Board under Section 10(1) of the Act and seek appropriate directions as per law. This Court cannot entertain a Writ Petition in this shape and the facts or otherwise of the requirement of abolition of contract labour in the respondent- organization, cannot be examined by this Court under Article 226 of the Constitution of India. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the material made available on record. I am in complete agreement with the submissions made by learned counsel for the respondents that, may be, the petitioners are being continued for more than 10 years even before filing of the Writ Petition and 20 years as of now, but that itself does not mean that they are entitled for declaration from this Court for abolishing contract labour system in the respondent-organization against the categories in which they have been engaging as unskilled workers. Petitioners have to necessarily approach the State Advisory Board under Section 10(1) of the Act and to work out their remedies, as available under the law. Therefore, I am of the opinion that the Writ Petition is not maintainable. In the circumstances, the petitioners are at liberty to file an appropriate petition before the State Advisory Board under the Act and work out the remedies as available under the law, within a period of four weeks from the date of receipt of a copy of this Order. On filing such application, the State Advisory Board, in view of the pendency of the Writ Petition for the last ten years, is directed to entertain and dispose of the same within a period of three months thereafter. Till such time, the services of the petitioners shall be continued on the same terms and conditions as of now, because the fact that the petitioners are working since 1985 and they are being continued during the pendency of the Writ Petition, is not in dispute. With the above directions, the Writ Petition is disposed of. No order as to costs. 30-01-2008 prk