Secretary, Petroleum Workers Union v. Bharat Petroleum Corporation Ltd.
1986-01-16
O.CHINNAPPA REDDY, V.BALAKRISHNA ERADI
body1986
DigiLaw.ai
ORDER : 1. The petitioners are workmen employed in the activities of loading, unloading, handling and removing of empty and filled L.P.G. cylinders at the depot of the Bharat Petroleum Corporation Limited at Shakur Basti, New Delhi. We are not considering in this petition, which has been received by Post, the question whether these workmen are entitled to be absorbed into the regular service of the Bharat Petroleum Corporation Limited. The complaint of the petitioners, as we see it, is that the wages which are being paid to them are not even the wages prescribed by the Minimum Wages Act. They claim that they are entitled to wages and other benefits applicable to the regular workers of the Principal Establishment. They invite our attention to a letter written by the Labour Commissioner, Delhi, dated February 7, 1985 to the allied establishments of Hindustan Petroleum Corporation, United Commercial Bank building, New Delhi, directing that the workers employed as Contract Labour in that establishment should be paid the same wages, and have the same holidays and hours of work, conditions of service, etc, as are applicable to workers directly employed by the Corporation. Rule 25(2)(v) of the Contract Labour (Regulation and Abolition) Central Rules, 1971, prescribes that the licences granted under the Rules shall make it a condition that : "(a) in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work : Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Chief Labour Commissioner (Central) whose decision shall be final." In these circumstances, the most appropriate course would be to direct the Chief Labour Commissioner (Central), Delhi to consider the complaint of the petitioners and decide the questions raised by the petitioners in regard to their wages, benefits and all other conditions of service. The Chief Labour Commissioner (Central) may dispose of the matter within four months from today after hearing the parties.
The Chief Labour Commissioner (Central) may dispose of the matter within four months from today after hearing the parties. In the meantime, status quo will be maintained and the petitioners will not be discharged from service. A copy of the writ petition will be sent to the Chief Labour Commissioner, Central, Delhi. The Writ Petition is disposed of accordingly. No order as to costs. Disposing of the Writ Petition.