JAWAHAR LAL GUPTA
F. C. I. Class Iv Employees Union – Appellant
Versus
F. C. I. – Respondent
Jawaharlal Gupta, J.
1. Is the Food Corporation of India not entitled to employ a watchman as contract labour? This is the short question that arises for consideration in this petition. A few facts may be noticed.
2. The Food Corporation of India Class IV Employees Union is the petitioner. It seeks a writ of mandamus directing the Corporation "not to employ watchman for its godown as contract labour". It avers that the workmen in the country had been demanding abolition of contract labour. The employment of contract labour causes discrimination as much as the facilities which are available to the regular workmen are not afforded to the workmen employed through contract. In order to eliminate such discrimination, the Parliament enacted the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act ). According to the petitioner, the Government of India issued a Notification dated December 9, 1976 prohibiting employment of contract labour w. e. f. March 1, 1977 "for sweeping, cleaning, dusting and watching of building owned or occupied by establishments in respect of which the appropriate Government under the said Act is the Central Government. "
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