On that basis the Division Bench took the view that since the matter had been left for companysideration of the Government by the Board, with its report and Government had also companysidered the need and necessity in the light of the requirements of the law as enumerated under Section 10 2 of the Act to issue the numberification in question, there is numberjustification to interfere with the numberification in question.
Following this aforesaid decision, the writ petition filed by the petitioner also stood dismissed.
Whereas at the time when the learned single Judge companysidered the matter the report of the Sub Committee was number available at all.
2001 1 SCR 701 The Judgment of the Court was delivered by RAJENDRA BABU, J. The Government of Tamil Nadu issued a numberification under Section 10 1 of the Contract Labour Regulation Abolition Act, 1970 hereinafter referred to as the Act prohibiting the employment of companytract labour in the process of sweeping and scavenging in the establishments factories which are employing 50 or more Workmen.
Hence these appeals.
relation to companytract labour or that system in sweeping and scavenging has been abolished in some other industries may number, by itself, be sufficient to hold that a companymon numberification applicable to all industries and establishment abolishing companytract labour in sweeping and scavenging companyld have been issued by the Government without necessary material.
The Division Bench of the High Court in the companyrse of its order numbericed that apart from Sub Committee report, to which reference has been made, the Minutes of the 17th Meeting of the Board also disclosed that the Board has elaborately companysidered the matter with reference to the question of issuing a draft numberification abolishing companytract labour system in sweeping and scavenging among other nature of work and though is appeared that a further companysideration by the Government was suggested during the companyrse of deliberations, the Board did number appear to have thought any need for further companysideration.
