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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
RAJAN C. – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
(N. NAGARESH, J.)
Dated this the 7th day of January, 2025 The issueS raised in all these writ petitions are whether the exemption under the Contract Labour (Regulation and Abolition) Act, 1970 granted by the Government of India to the Food Corporation of India as per Notification dated 06.07.2016 is valid, whether the action of the Food Corporation of India in finalising e-tenders for engaging contract labours at their godowns is justified and whether the transfer of DPS workers effected by the Food Corporation of India is sustainable or not. For convenience, the parties to the writ petitions and exhibits marked are referred to as they appear in W.P.(C) No.16618 of 2023.
2. The petitioners are labourers under Direct Payment System (DPS), working under the Food Corporation of India, in their Food Storage Depot ((FSD), at Kazhakoottam, Thiruvananthapuram. The petitioners state that the FSD Kazhakoottam is a notified Depot under the Contract Labour (Regulation and Abolition) Act, 1970.
3. The petitioners state that notified depots are those depots where employment of contract labour is prohibited. By the judgment in PIL No.84 of 2014 dated 20.11.2015, the Hon'ble High Court of
The exemption under the Contract Labour Act is valid, allowing the Food Corporation to engage contract labour and transfer DPS workers, affirming the authority of the employer in service matters.
The court affirmed the validity of the exemption notification permitting contract labour in the FCI, highlighting adherence to previous judicial rulings as a matter of legal discipline.
Point of law: Exemption notifications under Section 31 of the Act, which are temporary, issued for an emergent purpose, cannot dilute the rigour of a Section 10 notification.
Exemption notifications under Section 31 of the Act, which are temporary, issued for an emergent purpose, cannot dilute the rigour of a Section 10 notification.
Contract labour cannot be employed in establishments under Section 10 of the Act; transferring employees for this purpose violates legal provisions.
The transfer of Direct Payment System workers is lawful under the provisions of the Contract Labour Act, ensuring minimum wages and service benefits are maintained.
The court established that employees must be treated equally regarding regularization under the Direct Payment System based on prior tribunal awards and statutory provisions.
Point of Law : Neither the recommendations of that Committee nor the notification ultimately prohibiting the engagement of contract labourers by CPWD, has been ever questioned or assailed by the resp....
The main legal point established is the necessity of providing suitable relaxation in age, educational qualifications, and job standards for erstwhile contractual security guards in compliance with c....
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