JUDGMENT

KULDIP SINGH, J.:- The Parliament enacted the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter called the Act) with the object of abolition of contract labour in respect of such categories as may be notified by the appropriate Government in the light of criteria laid down in the Act and also regulating the service conditions of contract labour where abolition is not possible. Section 10 of the Act which is relevant is as under:

"Prohibition of employment of contract labour -

(1) Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment.

(2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits privided for the contract labour in that establishment and other relevant factors such as -

(a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufactur