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Ahmednagar Zilla Shet Majoor Union, Ahmedngar v. the State of Maharashtra and Others

Bombay HC13 Dec 2016WP/6148/2014

Case brief

AI extract

What is this about?

Petitioner trade union approached High Court seeking directions for a decision on its application under Section 10 of Contract Labour Act regarding prohibition of contract labour. Court directed State Board to decide the pending application expeditiously within six months.

What did the court decide?

Directed respondent no.2 to decide the pending application on merits within six months from the date of the order.

Ahmednagar Zilla Shet Majoor Union, Ahmedngar… — Labour and Industrial Disputes | Bombay HC (2016)

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1 28-wp6148.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.6148 OF 2014

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Ahmednagar Zilla Shet Majoor
Union, Trade Union Centre,
Tahsil Kacheri Road, Ward No.1,
Shrirampur, Tq. Shrirampur,
Dist. Ahmednagar..Petitioner

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Vs.

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1. The State of Maharashtra,
 Through Secretary for Labour
 Department, Mantralaya,
 Mumbai

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2. State Advisory Board,
 State of Maharashtra
 Contract Labour (Regulation
 and Abolition) Act, 1970
 Kamgar Bhawan, Block E.B.
 Bandra (East), Kurla Sankul-51

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3. Mahatma Phule Krishi Vidyapeeth
 at Post University, Taluka Rahuri,
 Dist. Ahmednagar
 Through its Registrar..Respondents

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Mr.P.V.Barde, Advocate for petitioner
Mr.M.M.Nerlikar, AGP for respondent nos.1 and 2
Mr.Pradeep Shahane, Advocate for respondent no.3

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CORAM : R.M. BORDE AND

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SANGITRAO S. PATIL, JJ.
DATE : DECEMBER 13, 2016

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ORAL JUDGMENT :

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Heard.

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2.Rule. Rule made returnable forthwith.

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With consent of the parties, the petition is taken
up for final hearing at the admission stage.

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3.The petitioner is a recognised Trade
Union with respondent no.3 - employer. The
petitioner moved an application to respondent no.2
seeking prohibition of employment on contractual
basis in view of bar contained in Section 10 of
the Contract Labour (Regulation and Abolition)
Act, 1971 (“the Act”, for short).

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4.In this petition, the petitioner is
praying for issuance of directions for
consideration of application tendered by it with
respondent no.2 on 09.01.2010 in accordance with
the provisions of Section 10 of the Act. Section
10 of the Act provides thus :-

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“ 10. Prohibition of employment of contract labour

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(1) Notwithstanding anything contained in this Act, [but, subject to the provisions of Clause (c) of sub-Section (5) of Section 1] the appropriate government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette , employment of contract labour in any process, operation or other work in any establishment.

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(2) Before issuing any notification
under sub-section (1) in relation to
an establishment, the appropriate
government shall have regard to the
conditions of work and benefits
provided for the contract labour in
that establishment and other relevant
factors, such as-

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(a) whether the process, operation or
other work is incidental to, or
necessary for the industry, trade,
business, manufacture or occupation

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that is carried on in the
establishment;

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(b) whether it is of perennial
nature, that is to say, it is of
sufficient duration, having regard to
the nature of industry, trade,
business, manufacture or occupation
carried on in that establishment;

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(c) whether it is done ordinarily
through regular workmen in that
establishment or an establishment
similar thereto;

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(d) whether it is sufficient to
employ considerable number of whole-
time workmen.

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Explanation - If a question arises
whether any process or operation or
other work is of perennial nature,
the decision of the appropriate
government thereon shall be final.”

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5.Since the application tendered by the

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petitioner is pending with respondent no.2 since
last six years, respondent no.2 needs to be

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directed to decide the application of the
petitioner expeditiously.

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6.Respondent no.2 is directed to take a
decision on the application tendered by the
petitioner referred to above, on its own merits
and in accordance with law and on consideration of

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the policy formulated by the State Government in
that behalf, as expeditiously as possible and
preferably, within a period of six months from
today.

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7.Rule made absolute accordingly. There

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shall be no order as to costs.

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[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.]

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kbp

Ahmednagar Zilla Shet Majoor Union, Ahmedngar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Ahmednagar Zilla Shet Majoor Union, Ahmedngar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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