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2006 Supreme(MP) 1337

High Court Of Madhya Pradesh
MR. A. K. PATNAIK, CHIEF JUSTICE, MR. JUSTICE DIPAK MISRA
STEEL AUTHORITY OF INDIA LTD. - Appellant
Versus
AUTHORITY UNDER THE MINIMUM WAGES ACT, 1948 - Respondents
W. A. 83 Of 2006
Decided On : 12/11/2006

Advocates Appeared:
Ajit Agrawal, Kishore Shrivastava, P.S.NAIR, PIYUSH DHARMADHIKARI, R.C.SHRIVASTAV, Rajendra Tiwari, S.K.RAO, Shreyus Dharmadhikari, UDYAN TIVARI

The determination of the status of the workers under the Contract Labour (Regulation and abolition) Act, 1970 and the Minimum Wages Act, 1948 influenced the court's decision.

Headnote:

The appellants, Steel Authority of India and its functionary, have called into question the defensibility of the order dated January 24, 2006, passed by the learned single Judge in w. P. No. 3134/2003 (8) whereby the learned single Judge has not accepted the stance put forth by the Management in its assail to the order passed in Claim Case No. MWA-169/98 by the authority under the Minimum Wages act, 1948 (for brevity 'the Act') inasmuch as he has only reduced the amount granted by the authority pertaining to minimum Wages qua period and further while lanceting the direction pertaining to payment of five times compensation has awarded 6% interest on the determined quantum. The issues involved the reduction of the quantum in respect of the years 1996 to 1998 and annihilation of the direction for payment of five times compensation and restricting it to grant of interest. The court's analysis and conclusion were influenced by the interpretation of the Act and the determination of the status of the workers.

DIPAK MISRA, J.

( 1 ) IN Writ Appeal No. 83/2006, the appellants, Steel Authority of India and its functionary, have called in question the defensibility of the order dated January 24, 2006 passed by the learned single Judge in w. P. No. 3134/2003 (8) whereby the learned single Judge has not accepted the stance put forth by the Management in its assail to the order passed in Claim Case No. MWA-169/98 by the authority under the Minimum Wages act, 1948 (for brevity 'the Act') inasmuch as he has only reduced the amount granted by the authority pertaining to minimum Wages qua period and further while lanceting the direction pertaining to payment of five times compensation has awarded 6% interest on the determined quantum.

( 2 ) BEING dissatisfied with and aggrieved by the order passed by the learned single Judge pertaining to reduction of the quantum in respect of the years 1996 to 1998 and annihilation of the direction for payment of five times compensation and restricting it to grant of interest, the Union and the workmen in the aforesaid writ petition have invoked the jurisdiction of this Court in the intra-Court appeal in W. A. No. 34/2006.

( 3 ) BEFORE we advert to the respective challenges and attacks made by the parties, it is thought condign to set out the background facts, for it is not only necessitous but imperative to have a panoramic exposition of the events in a chronological manner as litigation at hand has had a chequered history. The Protasis:

( 4 ) THE controversy that has emerged for consideration is between the Management and the persons who have rendered work to the management and there can be no scintilla of doubt that protagonists before us are not equipoised and it is not a battle royal where parties are engaged, obsessed and engrossed in a litigation of luxury but, as Mr. P. Sadashivan nair, learned senior counsel would submit, a fight for survival inasmuch as in last 13 years 300 workers have lost their life-spark, 3000 members have been compelled to pave the path of starvation being unable to meet the keen demands of appetite and 7000 children, the future of this nation, have left the educational institutions and abandoned their studies and further the lady members of the family are being treated as ex-communicado. The learned senior counsel would submit that prima facie, it may look as 'argumentatumm at Hominum' but on the factual canvass a legal right founded in law is sought to be pyramided with scientific temper taking aid of science of interpretation and incremented by the fulcrum of niceties and nuisances of placing the parties at their own relevant and requisite position. The First Phase

( 5 ) THE Contract Labour (Regulation and abolition) Act, 1970 (hereinafter referred to as 'clra') was brought into existence to stop exploitation, regulating contract labour and to curb and curtail the atrocities of intermediaries and to assign a positive role to the principal employer. The Act authorises the appropriate government to abolish the contract labour. In the instant case, the Central Government issued a notification on March 17, 1993 published in the Official Gazette of India on April 13, 1993 abolishing, with effect from the date of publication of the notification, the employment of contract labour in limestone and dolomite mines in the country. Certain works were mentioned in the schedule raising of mineral including breaking, sizing, sorting of limestone, dolomite etc. and transportation of limestone and dolomite from mine site to factory. After the notification came into existence the writ petitions under Article 226 of the Constitution of India were filed claiming relief that the employees who are members of the Union called Ispat Khadan Labour Mazdoor union be declared as the employees of the Steel authority of India (for short 'the SAIL') and the principal employer to pay wages at par with the regular employees. The SAIL raised many a technical objection before the learned single judge including





















































































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