S. Ravi & Others v. International Airports Authority of India, Madras Airport Represented by its General Manager & Others
2008-11-13
M.JAICHANDREN
body2008
DigiLaw.ai
Judgment :- This writ petition has been filed praying for a writ of Mandamus, to direct the first respondent to dispose of the representations, dated 211. 2002, 21. 2003 and 21. 2003, within a specified period. 2. It has been stated that the petitioners have been working as contract labourers, since 1985, in the various branches of the first respondent. Even though the services of the petitioners were permanent and perennial in nature, they were not absorbed on par with the regular employees of the International Airports Authority of India. Therefore, the petitioners have made representations to the first respondent to regularize their services and absorb them in the posts, where they were employed from the date of their initial appointment and treat them on par with the regular employees of the first respondent. Since the said representations were not considered by the first respondent, the petitioners have come before this Court by filing the present writ petition, under Article 226 of the Constitution of India. 3. The learned counsel appearing on behalf of the first respondent had placed before this Court, a communication, dated 21. 2003, from Airports Authority of India, which is as follows: "This is with reference to your representation, dated 211. 2002, for regularisation of your Union contract workmen services. The said representation has been disposed of by the Competent Authority as per the Honble High Courts direction dated 11. 2000 in the W.P.No.13698 of 2000 on merits and in accordance with law as stated below: 1. The contract between Airports Authority of India and the Ex-servicemen Airlink Transport Service Ltd was expired on 31st December 1992 and the same was not renewed thereafter. 2. The subject case was filed by the petitioners union in the year 2000 and there was a delay of eight years. 3) a) Further the Central Government has not issued any notification under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1971, abolishing the employment of the contract labour in Trolley Retrievals & Car Parking. There was never any relationship of employer and employee at any time. Even as contract labourers, your members have not been working under any contractor of the Authority.
There was never any relationship of employer and employee at any time. Even as contract labourers, your members have not been working under any contractor of the Authority. b) The Honble Supreme Court in Steel Authority of India Ltd. V. National Union Water Front Workers case has held that "neither Section 10 of the Contract Labour (Regulation and Abolition) Act 1970 nor any other provision in the act, whether expressly nor by necessary implication provides for automatic absorption of contract labour on issuing a notification by an Appropriate Government under sub-section 1 of Section 10 prohibiting employment of contract labour in any process, operation or other work in any establishment. Consequently, the principal employer cannot be required to order absorption of the contract labourer working in the concerned establishment". In the above circumstances, it is clarified that there is no contract labour and principle employer relationship between AAI and you and the provisions of Contract Labour (Regulation & Abolition) Act are not applicable to you. It is further clarified that, there is no notification of the central government under Section 10 of the contract labour (Regulation & Abolition) Act, 1971, thus the judgment in the said case is not applicable to you and you cannot claim automatic absorption. In view of the above it is informed that your representation, dated 211. 2002, cannot be considered and the same is rejected." 4. It has been further stated that the representation, dated 211. 2002, had been disposed of in compliance with the order, dated 11. 2000, passed by this Court in W.P.No.13698 of 2000, wherein, a similar request had been made by the contract workmen. 5. In view of the submissions made by the learned counsel appearing on behalf of the first respondent, the writ petition stands closed, as no further orders are required to be passed in the said writ petition. No costs.