Can a labour court or a writ court decide on a matter as to whether a contract labour can be abolished or not?
From India, New Delhi
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450From India, New Delhi
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The question of whether the High Court or the Labour Court has the power to abolish the contract labour system is no longer res integra (originally: an open question, something which has not yet been determined or resolved. Later: (Law) a case or question not covered by existing law or precedent) after the Supreme Court decision in Air India Statutory Corporation vs United Labour Union & Ors decided on 6 November 1996 by the Constitution Bench of Hon'ble Justices K. Ramaswamy, B.L. Hansaria, & S.B. Majmudar. Writing the judgment, Justice K. Ramaswamy held, inter alia:
"..... the High Court exercising the power under Article 226 of the Constitution cannot give direction for absorption. True, the Court cannot inquire into and decide the question of whether employment of contract labour in any process operation or any other work in an establishment should be abolished or not, and it is for the appropriate Government to decide. The Act does not provide for the total abolition of the contract labour system under the Act."
From India, Mumbai
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"..... the High Court exercising the power under Article 226 of the Constitution cannot give direction for absorption. True, the Court cannot inquire into and decide the question of whether employment of contract labour in any process operation or any other work in an establishment should be abolished or not, and it is for the appropriate Government to decide. The Act does not provide for the total abolition of the contract labour system under the Act."
From India, Mumbai
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