The repeal of an amending act that renumbered a prior section and added sub-sections restores the original section to its prior state. Furthermore, contractual status does not preclude an individual from being defined as a 'workman' under the Industrial Disputes Act.

Order

1. Heard on admission stage.

2. The present writ petition has been filed challenging the award of the Labour Court. The challenge has been made on two grounds. The first ground is that by the Repealing and Amending Act, 2016, the provisions introduced in the Industrial Disputes Act by the Industrial Disputes (Amendment) Act, 2010 were repealed in entirety, therefore, according to him, the entire Section 2A stands deleted and reference was made by invoking Section 2A of the Industrial Disputes Act, which ought not to have been made, is not maintainable in the light of the Repealing and Amending Act, 2016.

3. The second submission of learned counsel for the petitioner is that in Section 2(s) of Industrial Disputes Act, 1947, there was an amendment by the State of Rajasthan by the Amendment Act No.34 of the Industrial Disputes (Rajasthan Amendment) Act, 1958 by Section 3 of the Act of 1958, the words "employed in any industry" appearing in Section 2(3) of Industrial Disputes Act were replaced with words "by an employer or by a contractor in relation to the execution of his contracts with such employer". The said amendment to the original provision of Section 2(s) of Industrial Disputes Act, 1947 was again repealed by the Industrial Disputes (Rajasthan Amendment) Act, 2014 and the original provision was restored.

4. The contention of the learned counsel for the petitioner is that by virtue of deletion of the words, which were introduced in the year 1958, a contractual worker cannot be a workman so as to maintain a claim under Industrial Disputes Act.

5. Except these two contentions, there is nothing to decide in this case and these two contentions are based on legal premise, therefore, there is no requirement of any notice at this stage and, therefore, the matter is taken up for final disposal.

6. Section 2A of the Industrial Disputes Act was on the parent book, which was brought on record by the Amendment Act of 35 of 1965 by Section 3, which came into force w.e.f. 01.12.1965. By Industrial Dispute (Amendment) Act of 2010, the original provision of Section 2A , which was on the statute book was renumbered as Sub-Section (1) and by the same amendment, they have also introduced two more Sub-Sections - Sub-Section (2) and Sub-Section (3) of Section 2A of the Act, the relevant amendment of the Industrial Disputes (Amendment) Act, 2010 is relevant in this regard, which reads as follows:-

"3. Section 2A of the principal Act shall be numbered as sub-section (l) thereof and after sub-section (l) as so numbered, the following sub sections shall be inserted, namely:—

"(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (l) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it wore a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.

(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismis