B.H.E.L. WORKERS' ASSOCIATION HARDWAR & ORS., ETC. ETC. versus UNION OF INDIA & ORS., ETC. ETC.

B.H.E.L. WORKERS' ASSOCIATION HARDWAR & ORS., ETC. ETC. versus UNION OF INDIA & ORS., ETC. ETC.

Court held the Act provides only for abolition of contract labour in certain circumstances and for regulation; it does not empower the Court to abolish contract labour universally. Disputes over work types and conditions must be decided by the competent Government authority or Chief Labour Commissioner. The petitions are misconceived and not maintainable under Article 32 for the reliefs sought.

Parties
Petitioner: B.H.E.L. Workers' Association Hardwar & Ors.; Respondent: Union of India & Ors.; Petitioner: Bharat Heavy Electricals Karamchari Sangh, Ranipur, Hardwar; Petitioner: Lal Jhanda National Fertilizer Limited Mazdoor Union Panipat; Respondent: National Fertilizer Limited, Panipat
Jurisdiction
India
Judgment Date
18 January 1985
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Contract Labour, Abolition of Contract Labour, Equal Pay for Equal Work, Employment Conditions, Article 32
Labour and Industrial Law Constitutional Law Contract Labour Abolition of Contract Labour Equal Pay for Equal Work Employment Conditions Article 32

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Parties

B.H.E.L. Workers' Association Hardwar & Ors.

Petitioner

Union of India & Ors.

Respondent

Bharat Heavy Electricals Karamchari Sangh, Ranipur, Hardwar

Petitioner

Lal Jhanda National Fertilizer Limited Mazdoor Union Panipat

Petitioner

National Fertilizer Limited, Panipat

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether contract labour employed in public sector undertakings are entitled to same wages and employment conditions as directly employed workers.
  2. 2 Whether the Supreme Court can declare the abolition of contract labour system under Article 32.
  3. 3 Whether contract labourers can be considered direct employees.

Ratio Decidendi

Court held the Act provides only for abolition of contract labour in certain circumstances and for regulation; it does not empower the Court to abolish contract labour universally. Disputes over work types and conditions must be decided by the competent Government authority or Chief Labour Commissioner. The petitions are misconceived and not maintainable under Article 32 for the reliefs sought.

Court Disposition

Petitions dismissed

Orders

  • Direction to Central Government to consider prohibition of contract labour under Section 10 of the Act for BHEL, Hardwar.
  • Direction to Chief Labour Commissioner to enquire if contract labourers do same work as directly employed workers at BHEL, Hardwar.