JUDGMENT:

S.B. Sinha, J.

Leave granted.

2. The case has a chequered history.

Appellant has been constituted under the Food Corporation of India Act, 1964. For the purpose of carrying out its activities, it maintains a large number of godowns in different parts of the country including the States of Punjab and Haryana. As the law stood then, the respective State Governments were considered to be the appropriate Government in respect of the appellant. Various State Governments issued Notification prohibiting employment of contract labour in some processes in its establishments purported to be in exercise of its power under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short, "the Act").

Indisputably, the Government of India in exercise of the same power issued a Notification bearing No. S.O. No. 779(E) on or about 9.12.1976 to the following effect:

"S.O. No. 779(E) - In exercise of the power conferred by sub-section (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) the Central Government after consultation with the Central Advisory Contract Labour Board, hereby prohibits employment of contract labour on and from