Rashtriya Chem. & Fertilizers Ltd.& Anr vs General Employees Association & Ors

J U D G M E N T (Arising out of SLP ( C) No. 594 of 2004 With CIVIL APPEAL NO.2123 OF 2007 (Arising out of SLP (C) No. 12961 of 2003) Dr. ARIJIT PASAYAT, J.

First Respondent-General Employees Association (in short the 'Association') had questioned legality of the Circular dated 8.11.2000 issued by the Central Government conveying its decision refusing to abolish and prohibit contract labour in the Civil Works and Carpentry establishment of Rashtriya Chemicals and Fertilizers Ltd.-Respondent No.1, in W.P. No.7543/2000. It was alleged by the writ petitioner that respondent Nos. 5 to 8 in the writ petition (who are non-official respondent Nos. 4 to 7 in this appeal) were dummy and sham contractors. It was conceded by the writ petitioner that the said issue cannot be considered by the High Court in the writ jurisdiction under Article 226 of the Constitution of India, 1950 (in short the 'Constitution') and the appropriate forum - Industrial Tribunal has to go into such question. The writ petitioner requested that order may be made referring the matter to the Industrial Tribunal and meanwhile to afford interim protection. While accepting this prayer, the High Court, however, issued the following directions:

(iii) The interim order passed by this Court on 29.12.2000 shall continue until receipt of the communication by the petitioner from the Industrial Tribunal that the Reference has been received and for a period of two months therefrom. The petitioners shall be at liberty to make application before the concerned Industrial Tribunal for continuation of the interim relief upon receipt of the communication that Reference has been received and if such application is made by the petitioner, the same shall be disposed of by the Industrial Tribunal within a period of four weeks therefrom. Needless to say that if for any reason the Industrial Tribunal is not able to dispose of the application for interim relief that may be made by the petitioner within a period of four weeks from such application, the industrial Tribunal shall be free to pass an appropriate order for continuation of the interim order until disposal of the application for interim relief. In case interim order on the application is adverse to the petitioners same shall not be given effect to for a period f four weeks.

(iii) The interim order passed by this Court on 24.6.1998 shall continue until receipt of the communication by the Petitioners from the Industrial Tribunal that Reference has been received and for a period of two months therefrom. The Petitioner shall be at liberty to make application before the concerned Industrial Tribunal for continuation of the interim relief upon receipt of the communication that Reference has been received and we observe that if such application is made by the Petitioner, the same shall be disposed of by the Industrial Tribunal within a period of four weeks therefrom. We record the statement of the learned Senior Counsel for Respondent Nos. 1 and 2 that no objection shall be raised by the said respondents about the maintainability of the application for interim relief by the petitioner. Needless to say if for any reason, the Industrial Tribunal is not able to dispose of the application for interim relief that may be made by the petitioner within a period of four weeks from such application, the Industrial Tribunal shall be free to pass an appropriate order for continuation of the interim order until disposal of the application for interim relief.

4. A notification prohibiting employment of contract labour in some other jobs/works in the establishment of Rashtriya Chemicals and Fertilizers Limited, in their plants at Chembur, Mumbai Priyadarshini Complex and Thal District Raigad, Maharashtra is being issued separately in consultation with the Ministry of Law, Justice and Company Affairs (Legislative Deportment).

5. The employment of contract labour in the loading and unloading jobs being done by the Hathadi Workers are being referred back to the Board for their elucidation."

It is open to the respondent No.1-Association, if it is so advised, to move the appropriate State Government seeking reference of the purported dispute to the Tribunal. It is for the State Government to consider whether any reference is called for. We make it clear that we have not expressed any opinion on the desirability or otherwise of making reference.

Appeals are allowed with no orders as to costs.