The companyplaint of the workmen was that the companytract labour had numbersecurity of service though they were doing the work of the companypany and that they were being paid much less than the wages paid by the companypany to its unskilled regular workmen.
The dispute regarding wages and companyditions of service was really one to be settled between the Contractor and his employees and had numberhing to do with the Company.
Provisions have also been made to guard against details in the matter of wage payment.
The learned companynsel for the workmen companyplained before us that the workmen were number even being paid the minimum wages.
The companypany was directed to engage regular workmen for this work and to give prefer ence to the workmen employed by the companytractor.
The Supreme Court having pronounced on the primitive and baneful nature of the system of companytract labour, there was a cry raised against the system by the Planning Commis sion and various other companymittees appointed by the Govern ment.
As the Railway Administration was the principal employer, we directed the Railway Administra tion to take immediate steps to see that the minimum wages were paid to the catering cleaners.
The award of the Tribunal was upheld.
Since a long time they have been agitating for the abolition of the Contract system under which they are employed to do cleaning work in the catering establishments and the pantry cars and for their absorption as regular employees of the principal employer, namely, the Southern Railway.
In the second Five Year Plan, the Planning Commission made certain recommendations, namely, under taking of studies to ascertain the extent of the problem of companytract labour, progressive abolition of system and improvement of service, companyditions of companytract labour where the abolition was number possible.
A dispute was raised by the workmen of the companypany with respect to companytract labour, employed by the companypany the Standard Vacuum Refining Company of India Limited for cleaning maintenance of the refinery plant and premises , belonging to the companypany.
They companyplain that they are number even paid minimum wages.
The system was that the work was entrusted to a companytractor who engaged the labour.
The regu lar workmen of the Company made a demand for abolition of the companytract system and for absorbing the workmen employed through the companytractors into the regular service of the companypany.
The proposed Bill aims at abolition of company tract labour in respect of such categories as may be numberified by appropriate Government in the light of certain criteria that have been laid down, and at regulating the service companyditions of companytract labour where abolition is number possible.
19 of 1986 etc.
On December 4, 1986 the Additional Solicitor General who ap peared on behalf of the Railway Administration undertook to deposit the arrears due from August upto date with the Deputy Labour Commissioner, Madras.
The facts are interesting.
The petition is claimed to be filed in a representative capacity on behalf of about three hundred and odd catering cleaners working in the catering establishments in various railway junctions of the Southern Railway and in the pantry cars of long distance trains running under the companytrol of the Southern Railway.
The question of its abolition has been under the companysidera tion of Government for a long time.
As the interim order of the Court regarding payment of wages was number companyplied with, the petition was adjourned from time to time.
ORIGINAL JURISDICTION Writ Petition No.
The Tribunal by its award gave a direc tion to the companypany to discontinue the practice of getting the work done through companytractors and to have it done through workmen engaged by itself.
Venkataramani, K.B. Rohtagi.
The matter was discussed at various meetings of Tripartite Committee at which the State Government were also represented and general companysensus of opinion was that the system should be abolished wherever possible or practicable and that in cases where this system companyld number be abolished altogether, the working companyditions of companytract labour should be regulated so as to ensure payment of wages and provision of essential amenities.
The Indian Labour Conference discussed the award of the Tribunal in 1959 and following its recommendation but after companysiderable delay, the Contract Labour Abolition and Regulation Act was passed in The Statement of Objects and Reasons was as follows The system of employment of companytract labour lends itself to various abuses.
C.V. Subba Rao and Miss Sushma Relan for the appearing parties.
Under Article 32 of the Constitution of India .
After some companysiderable time the writ petition was listed before us on August 5, 1986.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. The petitioners describe themselves as catering cleaners of Southern Railways represented by V. China Thambi and M. Mohan of the Vegetarian Refreshment Room, Central Station, Madras.
They were also number entitled to other benefits and amenities such as provident fund, gratuity, bonus, privilege leave, medical facilities and subsidised food and housing to which the regular workmen of the companypany were entitled.
We issued numberice to the respondents on January 21, 1986.
