LexBALESHWAR RAJBASHI AND ORS. versus THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA AND ORS.
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[2009] 15 (ADDL.) S.C.R. 702 A BALESHWAR RAJBASHI AND ORS. v. THE BOARD OF TRUSTEES FOR THE PORT OF ·"- -. CALCUTTA AND ORS~ (Civil Appeal No. 7394 of 2009) B NOVEMBER 6, 2009 [TARUN CHATTERJEE AND R.M. LODHA, JJ.] Contract Labour (Regulation and Abolition) Act, 1970 - ss.5 and 10 - Board of Trustees for Port of Calcutta (CPT) - " c ·Jobs/works of sleeper renewal railway tracks, repairing/ rEJstoratjon and laying/linking of tracks in establishment of CPT - Central Government issued notification prohibiting employment of contract Jabour in respect of said jobs/works - • .Cross-writ petitions in High Court - While CPT challenged D validity of the notification, appellants sought issuance of mandamus to CPT to implement the notification .:... Single Judge of High Court dismissed writ petition filed by CPT - CPT filed appeal- Division Bench of High Court heard the appeal .a/ongwith writ petition filed by appellants and directed the CPT to approach the Ministry of Labour through Ministry of Shipping E and both ministries were direct(!!d to discuss the issue at appropriate level and take a formal decision in the matter- On appeal, held: The Division Bench interfered with order of Single Judge without going into merits of the controversy - It gravely erred.in ignoring the fact that the Central Government had F already taken a decision in exercise of its power under s.10(1) t f;Jfter following the consultative process provided in s. 10(2) - There Wf;JS no occasion much less justification to direct CPT to approach the Ministry of Labour through Ministry of Shipping - The Division Bench ought to have considered the matter dn . its own merit within permissible limits of judicial review-Matter G remitted to High Court for fresh consideration - Judicial Review. The appellants worked as contract labourers under ,. different contractors engaged by the Board.of Trustees for the Port of Calcutta (CPT) for maintenanGe of railway track H 702 )• BALESHWAR RAJBASHI v. BOARD OF TRUSTEES 703 FOR THE PORT OF CALCUTTA within its complex. A The Central Advisory Contract Labour Board constituted a Committee under Section 5 of the Contract Labour (Regulation and Abolition) Act, 1970 to go into the question of abolition of contract labour in job/work of sleeper renewal railway tracks, repairing/restoration and B laying/linking of tracks in the establishment of CPT. The Committee opined that the said works/jobs were of regular nature attracting Section 10(2) of the Act and, ~ccordingly, recommended for prohibition of contract labour in respect of the said jobs. Despite the recommendation, the Central C Government decided not to prohibit employment of contract labour. Aggrieved, the appellants filed writ petition. The High Court directed the Central Government to reconsider the issue. The Central Government, in exercise of powers conferred by Section 10(1) of the Act, issued notification prohibiting employment of contract D labour. The issuance of the notification led to a second r_ound of litigation before the High Court. While CPT challenged the validity of the notification, the appellants sought issuance of mandamus to CPT to implement the notification and not to engage contract labour in the matter E of maintenance, laying and linking, changing of railway tracks maintained by CPT. A Single Judge of the High Court dismissed the writ petition filed by CPT holding that there was no irregularity or illegality in the notification. CPT challenged the order F in intra-court appeal. The Division Bench of High Court heard the appeal preferred by CPT alongwith the writ petition filed by the appellants and directed the CPT to approach the Ministry of Labour through Ministry of Shipping and both ministries were directed to discuss the issue at appropriate level and take a formal decision in the G matter. Hence the present appeal. Allowing the appeal, the Court HELD: The Central Government had issued notification under Section 10(1) of £he Contract Labour (Regulation and Abolition) Act, 1970 prohibiting the H 704 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R. A employment of contract labour in the works of sleeper renewai of railways tracks, repairing/restoration, laying and linking of tracks in the establishment of CPT. The Single Judge of the High Court did not find any infirmity or illegality in the said notification. However, the Division 8 Bench without goi
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