ORDER D.N. Patel, A.C.J. 1. This petition has been preferred as public interest litigation for the following prayers: “that in the instant writ application, the petitioner prays for issuance of a direction to the concerned respondents to immediately stop the coal Mining Carried out by contractors in the name of outsourcing in the gross violation of the Sec 10 of the Contract Labour (Regulation and Abolition) Act 1970 Under which the central has prohibited employment of Contract – Labour in Raining or raining cum selling of coal, coal loading and unloading, overburden removal and earth cutting vide S.O 2068 dt June 21, 1988 and be further please to direct the concerned authorities to initiate legal proceeding against the concerned respondents besides after persons found involved in the violation of the Sec. 10 of above act as per the act. Be further please to direct an impartial, independent and detailed enquiry under the Supervision of this Hon'ble Court unearth the Coal Mining Scam of the concerned respondents. Your Lordships may deem fit and proper for doing conscionable justice to the petitioner.” 2. For the aforesaid prayers, this petition has been preferred mainly with the allegation that respondent company is engaging the contractor for mining activity i.e. coal mining activity which is prohibited under the Contract Labour (Regulation and Abolition) Act 1970. The contract labours are engaged in raising or raising-cum-selling of coal, coal loading and unloading, over burden removal and earth cutting etc. In this work, the contract labourers can not be given the work and the workers engaged under this contract are in fact the workers of the respondent company. Basically no contract can be given to any contractor for the aforesaid purpose and to prevent this activity and also for holding enquiry for the contract already given by the respondent, this writ petition has been preferred. 3. We have heard learned counsel appearing for the respondent company who has submitted that detailed counter affidavit has been filed and it is submitted by the counsel for the respondent that they are not engaging the contractor for mining activity at all, except for the areas in which there is under ground fire, which has been spread over approximately 30 (thirty) Sq. Kilometers of Bharat Coking Coal Limited, they engage contractors as per the policy and approved Master Plan for dealing with fire.
Kilometers of Bharat Coking Coal Limited, they engage contractors as per the policy and approved Master Plan for dealing with fire. This Master Plan has been approved by the Ministry of Coal Govt. of India, this was also presented in the Public Interest Litigation matter bearing no. 381/1997 before the Hon'ble Supreme Court of India. This fact has been stated in paragraph 9 of the counter affidavit filed by the respondent company and the various clauses of Master Plan approved vide paragraph 6.11, clause no.20 of the tender document etc. have also been referred. 4. It is submitted by the learned counsel for the respondent that there are some areas in the respondent company in which there is continuous fire and company has to engage contractors to control this fire and the mining activity together and therefore it is not true that for every sort of mining activity of the respondent company, the contract has been given. It is also submitted by the learned counsel for the respondent that in fact industrial dispute should be raised under Section 10 of the Industrial Dispute Act, if there is any breach of labour laws and the same can be adjudicated by the Industrial Tribunal. This Public Interest Litigation is in fact no Public Interest Litigation at all in view of the facts of the case. They have more particularly stated in paragraph 9 of the counter affidavit explaining that the respondent company has not given any contract for its mining purposes etc. and the respondent company is acting as per the approved Master Plan. 5. Having heard learned counsels for both the parties and looking to the facts and circumstances of the case we see no reason to entertain this Public Interest Litigation for the following reasons : (i) Looking to the prayer in this writ petition, it appears that there is gross violation of Section 10 of Contract Labour (Regulation and Abolition) Act 1970.
Having heard learned counsels for both the parties and looking to the facts and circumstances of the case we see no reason to entertain this Public Interest Litigation for the following reasons : (i) Looking to the prayer in this writ petition, it appears that there is gross violation of Section 10 of Contract Labour (Regulation and Abolition) Act 1970. In fact there is no contract labour for raising or raising-cum-selling of coal, coal loading and unloading which is the main activity of the Bharat Coking Coal Limited and in fact there is some area which has been given to the Bharat Coking Coal Limited for mining is having fire and to deal with the fire while doing mining activity in a particular area, which is referred in paragraph 9 of the counter affidavit filed by the Bharat Coking Coal Limited, it requires special skill and special type of handling so that fire may not spread over into rest of the mining area, for which Master Plan has been prepared by the Ministry of Coal, Government of India and under the said Master Plan, some work has been given to the Contractor. This aspect of the matter has been mentioned in detail in the counter affidavit. (ii) That to deal with this type of emergent situation, the respondent do not have sufficient man power and the resources and therefore, the contract has been given for a very limited purpose. The Clause of Contract has also been referred in paragraph 9. 6. Looking to these details, we see no reason to entertain this writ petition. More over for violation of Industrial Disputes Act or for violation of any other Labour Laws, an industrial disputes can be raised/referred under Section 10 of the Industrial Disputes Act to the concerned Tribunal. 7. Under the aforesaid facts and circumstances, we hereby dismiss this writ petition. Petition dismissed.