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 the 1.3.1977, for sweeping, cleaning, dusting and watching of buildings owned or occupied by the establishments in respect of which the appropriate Government under the said Act is the Central Government: (emphasis supplied)

Provided that this notification shall not apply to the outside cleaning and other maintenance operations of multi-storeyed buildings where such cleaning or maintenance operations cannot be carried out except with specialized experience."

In a decision of this Court titled "Food Corporation of India Workers Union v. Food Corporation of India & ors." reported in (1985) 2 S.C.C. 294, it was held:

"On the interpretation of the relevant sections extracted above, we hold that the `appropriate Government for the purpose of this case pertaining to the regional offices and their warehouses in the respective States is the State Government and not the Central Government."

3. However, on or about 28.1.1986, the definition of `Appropriate Government was amended by Act 14 of 1986 in terms whereof, the Central Government was declared to be the `appropriate Government, inter alia, so far as establishments of FCI are concerned.

4. The Central Government thereafter issued a Notification on or about 28.5.1992 stating that no case for abolition of contract labour in respect of the jobs of sweeping, cleaning, dusting and watching of buildings in Food Corporation of India was made out. It reads as under:

"No. U.23013/11/89-LW

Government of India : Ministry of Labour

Jaisalmar House, Mansingh Road,

New Delhi, Dated 28th May, 1992

To,

All the members of Central

Advisory contract Labour Board.

Subject: Report (Part-I) of the Committee constituted to study the working of Contractor Labour System in Sweeping, Cleaning, Dusting and Watching of Buildings owned or occupied by establishments in respect of which the Central Government has become the appropriate government after the amendment in 1986 of the Contract Labour (Regulation and Abolition) Act, 1970.

Sir,

I am directed to refer to this Ministrys letter of even No. dated 3rd April, 1992 and to say that the matter relating to the dusting and watching of buildings owned or occupied by the Corporation of India. Unit Trust of India, and Central Warehousing Corporation was discussed in the 24th meeting of the Central Advisory Contract Labour Board held on 29.02.1992 at New Delhi under the Chairmanship of Union Deputy Labour Minister. It was inter-alia decided to leave the matter further for a decision by Government keeping in views the views expressed in the matter.

2. In pursuance of the recommendations of the Board, the matter has been considered in detail by the Central Government and it has been decided not to prohibit employment of Contract Labour in the sweeping, cleaning, dusting and watching of Build