Board of Trustees, Jawaharlal Nehru Port. Vs. Nhava Sheva B. Kamgar Sangathan Antargat & Ors.
EmailAppeal: Civil Appeal No. 6287 of 2001
(Arising out of SLP (C) No. 14606/2000)
With Civil Appeal No. 6288 of 2001
(Arising out of SLP (C) No. 14932 of 2000)
(Arising out of SLP (C) No. 14606/2000)
With Civil Appeal No. 6288 of 2001
(Arising out of SLP (C) No. 14932 of 2000)
Petitioner: Board of Trustees, Jawaharlal Nehru Port.
Respondent: Nhava Sheva B. Kamgar Sangathan Antargat & Ors.
Apeal: Civil Appeal No. 6287 of 2001
(Arising out of SLP (C) No. 14606/2000)
With Civil Appeal No. 6288 of 2001
(Arising out of SLP (C) No. 14932 of 2000)
(Arising out of SLP (C) No. 14606/2000)
With Civil Appeal No. 6288 of 2001
(Arising out of SLP (C) No. 14932 of 2000)
Judges: D.P. MOHAPATRA & N. SANTOSH HEGDE, JJ.
Date of Judgment: Sep 07, 2001
Head Note:
SERVICE LAWS
Contract Labour (Regulation and Abolition) Act, 1970
Section 10 – Notification under – Meeting of board scheduled – Interim orders postponing the meeting, held, are unsustainable. Board, being a statutory authority, cannot be prevented from holding meeting in respect of matters covered by the Act. (Para 5)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard Mr. Altaf Ahmed, additional solicitor general appearing for the appellant and Mrs. Indira Jaising, learned senior counsel appearing for the respondents.
3. The interim orders passed by the Bombay High Court on 28-06-2000 and 26-07-2000 in civil appeal no.4380 of 2000 arising from writ petition no.1297 of 2000, Nhava Sheva Bandar Kamgar Sangathan v. Board of Trustees, Jawaharlal Nehru Port and Others are under challenge in these appeals filed by the board of trustees of Jawaharlal Nehru Port.
4. In the said interim orders, the High Court directed the central advisory (contract labour board) board to postpone the meeting scheduled on 30-06-2000 in respect of the notification no.S.O.1000(E) dated 10-01-1999 under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 during the pendency of the writ petition.
5. On perusal of the records and on consideration of the contentions raised by learned counsel for the parties, we are of the view that the interim orders under challenge are clearly unsustainable and should be vacated. The board which is a statutory authority should not have been prevented to hold its meeting in respect of a matter covered under the Act. However, we do not wish to make any observations on merits since the writ petition is pending before the High Court.
6. Accordingly, the orders under challenge are set aside. It is made clear that any action that may be taken by the respondents in the writ petition relating to the notification aforementioned shall be subject to the decision in the writ petition. Since the matter is urgent, the High Court is requested to dispose of the same expeditiously.
7. The appeals are disposed of on the above terms. No costs.
1. Leave granted.
2. We have heard Mr. Altaf Ahmed, additional solicitor general appearing for the appellant and Mrs. Indira Jaising, learned senior counsel appearing for the respondents.
3. The interim orders passed by the Bombay High Court on 28-06-2000 and 26-07-2000 in civil appeal no.4380 of 2000 arising from writ petition no.1297 of 2000, Nhava Sheva Bandar Kamgar Sangathan v. Board of Trustees, Jawaharlal Nehru Port and Others are under challenge in these appeals filed by the board of trustees of Jawaharlal Nehru Port.
4. In the said interim orders, the High Court directed the central advisory (contract labour board) board to postpone the meeting scheduled on 30-06-2000 in respect of the notification no.S.O.1000(E) dated 10-01-1999 under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 during the pendency of the writ petition.
5. On perusal of the records and on consideration of the contentions raised by learned counsel for the parties, we are of the view that the interim orders under challenge are clearly unsustainable and should be vacated. The board which is a statutory authority should not have been prevented to hold its meeting in respect of a matter covered under the Act. However, we do not wish to make any observations on merits since the writ petition is pending before the High Court.
6. Accordingly, the orders under challenge are set aside. It is made clear that any action that may be taken by the respondents in the writ petition relating to the notification aforementioned shall be subject to the decision in the writ petition. Since the matter is urgent, the High Court is requested to dispose of the same expeditiously.
7. The appeals are disposed of on the above terms. No costs.
