JUDGMENT

Dalveer Bhandari, J.

1. Leave granted in all the Special Leave Petitions.

2. These appeals emanate from the judgment of the High Court of Delhi delivered in LPA No.38 of 2007, LPA No.1065 of 2007, Writ Petition (C) No.139 of 2008 and Writ Petition (C) No.6763 of 2008 on December 18, 2009.

3. The short question which arises for consideration in these appeals is whether the Notification dated 26th July, 2004 issued by the Central Government under Section 10 (1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short, `CLRAA') prohibiting employment of contract labour of trolley retrievals in the establishment of the Airport Authority of India (for short, `AAI') at the Indira Gandhi International Airport and Domestic Airport at Delhi would be applicable to the Delhi International Airport Private Limited (for short, `DIAL') or not?

4. This judgment would decide these appeals preferred before this Court against the following Letters Patent Appeals and Writ Petitions decided by the High Court:

a) Indira Gandhi International Airport TDI Karamchari Union v. Union of India and others - LPA No.38 of 2007

This Letters Patent Appeal was filed against the judgment of the learned Single Judge dated 28th November, 2006 in Writ Petition (C) No.15156 of 2006. The workers' Union had preferred the writ petition for seeking implementation of the Notification of prohibition dated 26th July, 2004 and for absorption in service amongst other things. The learned Single Judge took notice of the fact that from 4th April, 2006 a new private entity, DIAL had taken over the Airports (Domestic and International). Hence at the airport, there was no longer any establishment of AAI existing but a new establishment of DIAL was operating due to which the notification dated 26th July, 2004, prohibiting the engagement of contract labour in trolley retrieval activity in the establishment of AAI at the Delhi Airports could not automatically apply to the new entity, DIAL and a new notification by the appropriate government would have to be issued.

b) Union of India v. Indira Gandhi International Airport TDI Karamchari Union - LPA No.1065 of 2007

This Letters Patent Appeal was preferred by the Union of India against the learned Single Judge's judgment dated 28th November, 2006 passed in Writ Petition (C) No.15156 of 2008 on a very limited point of certain observation in the judgment.

c) Airports Authority of India v. Union of India Writ Petition (C) No.6763 of 2008 AAI after getting permission of the High Powered Committee to go ahead with the litigation challenged the notification dated 26th July, 2004 by filing the said writ petition.

d) Delhi International Airports P.Ltd. v. Union of India Writ Petition (C) No.139 of 2008 DIAL had preferred this writ petition challenging the order of the Chief Labour Commissioner, Government of India dated 24th September, 2007 by which the Central Government was held to be the `appropriate government' for DIAL for the purposes of Industrial Disputes Act, 1947 (hereinafter referred to as 'ID Act') and CLRAA. The order dated 22nd November, 2007 of Chief Secretary, Government of NCT of Delhi by which all documents concerning DIAL were directed to be shifted to the Central Government machinery was also impugned.

5. Both the writ petitions of AAI and DIAL were heard and disposed of by the Division Bench of the High Court along with these LPAs by the impugned judgment.

BRIEF FACTS:

6. 136 workers were employed by the contractor M/s. TDI International Pvt. Ltd. to do the work of trolley retrieving at the Domestic and at the International Airport at Delhi in the year 1992. In view of the perennial nature of the work, the workmen approached the Contract Labour Court for abolition of contract labour system and for their absorption as regular employees. AAI came into force merging the International Airport Authority Act, 1971 and the National Airport Authority Act, 1985. On 26th July, 2004 the Central Government accepted the recom