Summary
The High Court quashed a 1994 notification prohibiting contract labour in specified ONGC jobs without hearing affected labour unions or receiving the relevant enquiry materials. The Supreme Court restored the writ petition, required impleadment of the unions and directed fresh consideration. It distinguished reliance on the SAIL judgment concerning a different, earlier notification without finally deciding the 1994 notification’s validity.
Issues
- Whether the notification challenge required a fresh hearing with affected unions and relevant enquiry materials.
Provisions considered
- Section 10, Contract Labour (Regulation and Abolition) Act, 1970Fresh review was required of the consultation and statutory factors preceding the 1994 prohibition notification. (¶¶ 3A, 12, 15, 17)
Held
- A prohibition notification directly affects contract workers’ lives and livelihoods. Failure to implead or hear their recognised unions denied an opportunity to present material relevant to the challenge and warranted restoration consistently with natural justice. (¶¶ 11, 13, 16, 17)
- The High Court had not been apprised of the sub-committee’s constitution, studies, recommendations or consultation materials. It proceeded on an incomplete basis in inferring non-application of mind. (¶¶ 9, 10, 12, 15, 16)
- SAIL dealt with the 1976 notification. The High Court needed to examine whether its observations applied to the separate 1994 notification in light of the actual preceding enquiry and consultations, rather than treating the earlier defects as determinative. (¶¶ 14, 15, 16)
Result
The appeal was disposed of by restoring Writ Petition 1323 of 2013 for fresh consideration. The appellant union and specified other concerned unions were to be impleaded and served by ONGC. The High Court was requested to decide expeditiously, preferably within four months after service. The notification’s validity was left for that hearing.