All India Food And Allied Workers Union v. State Of Haryana
2001-03-20
S.N.VARIAVA, S.RAJENDRA BABU
body2001
DigiLaw.ai
ORDER A writ petition was filed before the High Court for certain reliefs as to continuation of the grant of contract for loading and unloading, handling, transport and labour work in the various godowns of Hafed, Karkfed, Confed, Agro Nafed, etc. to the appellant-Union directly and not to any contractor from the period from April 1, 1995 onwards. The High Court dismissed the petition in limine. 2. On the matter being brought up before this Court in these proceedings, in December 14, 1999 directed respondent No. 1 State of Haryana to constitute a Committee under Section 5 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act ) to consider the whether the contract labour system should be abolished or not and the said Committee was to submit its report to the State Advisory Contract Labour Board as early as possible. 3. Thereafter, a report was submitted by respondent No. 1. Contesting the correctness of this report another report was filed before this Court by the appellant pointing out that there have been certain interpolations and corrections in the report submitted to this Court and did not truly reflect the proceedings of the meetings of the Committee held on different dates. In reply on behalf of respondent No. 1, it is stated that after the meeting was over though the report had been finalised as certain details had not been set out another meeting was held by the member of the Committee concerned and another report was prepared to that effect which has been filed before this Court. However, to that latter report the workmen s representative is not a signatory. In the report made available to this Court by the appellant all the members of the Committee have signed. When that report was drawn up, signatures of all members were obtained and the meeting was over. That another meeting was held on the same date after that meeting is highly unlikely. When these details have not been brought to the notice of this Court earlier the stand of respondent No. 1 looks to be artificial to us and is set up to get over the difficulty of filing an incorrect report before this Court. In the circumstances, the conduct of respondent No. 1 is reprehensible. These aspects though disturbing will not solve the problem before us. 4.
In the circumstances, the conduct of respondent No. 1 is reprehensible. These aspects though disturbing will not solve the problem before us. 4. We may observe that the Committee which was not constituted made the report in accordance with the provisions of the Act and hence that report may not be of much use. Now that the Advisory Board has been constituted under the Act the Government shall refer to it within eight weeks from today the matter for consideration afresh and get an appropriate report in that regard to take a decision under the Act. 5. Considering the conduct of respondent No. 1 we think exemplary cost of Rs. 10,000/- must be imposed on it. It is open to respondent No. 1 to recover the same from the concerned officer Mr. Naresh Kumar, if the same is permissible. Till such report is made, status quo shall be maintained. Appeal is allowed accordingly with costs payable by respondent No. 1 to the appellants. Appeal disposed of accordingly. *************** Parallel Citations of other Journals : All India Food & Allied Works Union v. State of Haryana, 2001(8) Supreme 639 00020