INTERNATIONAL AIRPORT AUTHORITY EMPLOYEES UNION AND ANR. versus INTERNATIONAL AIRPORTS AUTHORITY OF INDIA & ORS.

Citation: [2000] SUPP. 5 S.C.R. 475 · Decided: 08-12-2000 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

INTERNATIONAL AIRPORT AUTHORITY 
EMPLOYEES UNION AND ANR. 
v. 
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA & ORS. 
DECEMBER 8, 2000 
(S. RAJENDRA BABU AND S.N. VARIAVA, JJ.] 
Contract Labour : 
A 
B 
Contract Labour (Abolition & Regulation) Act, 1970-Applicants C 
working as sweepers in the International Airport and National Airport 
claiming regularisation in service inasmuch as the contract labour system 
had been abolished-Respondents objecting on the ground that the 
notification under the Contract Labour (Abolition & Regulation) Act covers 
only the sweepers employed in respect of buildings owned or occupied by the D 
establishment and that the parking areas of the Airports do not form part of 
the building- -Tenability of-Held, it cannot be said that car parking is not 
a part of the building as building in its ordinary sense would include 
appurtenances which form thereof -Applicants entitled to be regularised in 
service. 
These applications were made by sweepers working in the car parks in 
the lntemutional Airport and National Airport for a declaration that they were 
also entitled to be regularised in service on the abolition of the contract labour 
system. 
On behalf of the respondents, it wus contended that these upplicants 
E 
F 
were sweepers employed in the parking areas of the Airports which did not 
form part of the building; that the notification issued under the Contruct 
Labour (Abolition & Regulation) Act, 1970 did not cover such employees 
inasmuch as the said notification only prohibited employment of contruct 
labour for sweeping, cleaning, dusting and washing of building owned or G 
occupied by the establishment; that the parking areus were allotted to different 
contractors who were obliged to keep areas clean and the expenditure in 
regard to the same had to be borne by the licensee. 
Allowing the applications, the Court 
475 
H 
476 
SUPREME COURT REPORTS [2000] SUPP. 5 S.C.R. 
A 
HELD : It is difficult to conceive of an airport being functional without 
a car park and that the car park is not a part of the building. The Airport 
includes not only landing and taking off areas for the aircraft, the run ways 
and aircraft maintenance areas, but also passenger facilities. Passenger 
fllcilities would certainly include car parking and it cannot be said that car 
B parking is not a part of the building. Building in its ordinary sense would 
include appurtenances which form thereof. Therefore, the notification issued 
under the Contract Labour (Abolition & Regulation) Act, 1970 which covers 
the sweepers employed in respect of buildings owned or occupied by the 
establishment, will also apply to the sweepers working in the car parks in 
the International Airport and National Airport. (477-C, D, F) 
c 
D 
Air India Statutory Corporation etc. v. United Labour Union & Ors. 
etc., (1996) 9 SCALE 70 and Masih Charan & Ors. v. Union of India & Ors., 
Writ Petition (C) No. 219of1995 decided by Supreme Court on 10.3.1997, 
held applicable. 
CIVIL APPELLATE JURISDICTION : 
I.A. Nos. 7-9 of 1999. 
IN 
Civil Appeal No. 2987-2989of1997. 
E 
From the Judgment and Order dated 27.3.96 of the Bombay High Court 
in W.P. Nos. 1494/89, 2365/90 and 504of1991. 
Ms. Indira Jaisingh, Sr. Adv., Sanjay Parikh and P.R. Chandrachud for 
the Applicants/ Appellants. 
F 
R.N. Trivedi, Additional Solicitor General, Ms. Nina Gupta, Ms. Jaya 
Srivastava, Ms. Omika Dubey, Uday Gupta and Vineet Kumar for the 
Respondents. 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. In these matters we are concerned with I.A. Nos. 
G 7-9 of 1999 in Civil Appeals Nos. 2987-2989 of 1997. In these applications 
common relief sought for by the applicants is that they are also covered by 
the judgment dated 06.12.1996 and the consequent orders made on l 1.04.1997 
passed in these appeals. The workmen in respect of whom these applications 
are made are Sweepers in the Parking Areas in the International Airport and 
H National Airport. Civil Appeals Nos. 2987-2989 of 1997 were disposed of on 
INTER. AIRPORT AlJTH. EMPL. UNION ... INTER. AIRPORT AUTH.[RAJENDRA BABU,J.] 477 
11.4.1997 holding that on the abolition of the contract labour system Sweepers A 
in such Airports are entitled to be regularised in service as indicated therein. 
The cause for these applications is that the respondents are contesting the 
entitlement of the applicants for regularisation in service. The stand of the 
respondents is that these applicants are Sweepers 

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