IMPORTANT POINT
In inter court appeal the matter should be considered on merit.

JUDGEMENT

R.M. Lodha, J.—

Delay condoned. Leave granted.

2. This appeal by special leave is directed against the judgment and order dated March 31, 2008 passed by the Division Bench of High Court of Calcutta whereby the Board of Trustees for the Port of Calcutta - Respondent No. 1 (for short, ‘CPT’) has been directed to approach the Ministry of Labour through Ministry of Shipping for resolution of the dispute concerning abolition of contract labour in the works of sleeper renewal of railway tracks, repairing/restoration and laying and linking of tracks in the establishment of CPT.

3. The appellants are contract labour who claim to have worked continuously from 1988 until 2006 under different contractors engaged by CPT for maintenance of railway track within their complex. Upon issue being raised by them, a Committee was constituted under Section 5 of the Contract Labour (Regulation and Abolition) Act, 1970 (for short, ‘Act’) by Central Advisory Contract Labour Board (for short, ‘Central Board’) to study the working of contract labour system in the jobs/works of sleeper renewal railway tracks, repairing/restoration and laying and linking of tracks in the establishment of CPT and make suitable recommendation, whether or not the employment of contract labour in the above jobs/works in the establishment of CPT be prohibited under the Act. The Committee in its report opined that works/jobs of sleeper renewal of railway tracks in the establishment of CPT were of regular nature attracting Section 10(2) of the Act, 1970 and, accordingly, recommended for prohibition of contract labour in respect of the said jobs.

4. Despite recommendation of the Committee constituted under Section 5 of the Act, the Central Government decided not to prohibit employment of contract labour in the jobs/works of sleeper renewal of railway tracks, repairing/restoration and laying and linking of tracks in the establishment of CPT which led to the filing of writ petition by the present appellants before the High Court at Calcutta. Vide Order dated July 22, 2004, the High Court directed the Central Government to reconsider the issue concerning abolition of contract labour in CPT and pass a fresh order after hearing all the parties concerned.

5. In pursuance of the aforesaid order of the High Court, the Central Government reconsidered the matter and issued a notification on July 7, 2005 in exercise of the powers conferred by sub-Section(1) of Section 10 of the Act, 1970 prohibiting the employment of contract labour in the works of sleeper renewal of railway tracks, repairing/restoration and laying and linking of tracks in the establishment of CPT with effect from the date of publication of the notification.

6. Issuance and publication of the notification dated July 7, 2005 led to second round of litigation between the appellants and CPT. While CPT challenged the legality and validity of the notification dated July 7, 2005 on diverse grounds, the present appellants approached the High Court for issuance of mandamus to CPT to implement the notification dated July 7, 2005 and not to engage contract labour in the matter of maintenance, laying and linking, changing of railway tracks maintained by CPT.

7. By his order dated May 15, 2007, Single Judge dismissed the writ petition filed by CPT and held that there was no irregularity or illegality in the notification dated July 7, 2005. Insofar as the writ petition filed by the present appellants was concerned, its hearing was deferred.

8. CPT challenged the order dated May 15, 2007 passed by the Single Judge before the Division Bench of the High Court in intra court appeal. The Division Bench heard the appeal preferred by CPT and also the writ petition preferred by the present appellants together and vide order dated March 31, 2008 directed CPT to approach the Ministry of Labour through Ministry of Shipping. This is what the Division Bench directed : “The Port Trust is thus directed to approach the Ministry of Labour