Case Note & Summary
The case involves a writ petition filed by 14 security guards employed with Videsh Sanchar Nigam (VSNL), a statutory corporation, seeking to be treated as direct employees of VSNL rather than contract labour. The petitioners relied on a notification dated December 9, 1976 (SO No.779(E)) issued under the Contract Labour (Regulation & Abolition) Act, 1971, which prohibited employment of contract labour for sweeping, cleaning, dusting, and watching buildings owned or occupied by establishments where the appropriate government was the Central Government. The petitioners contended that VSNL was prohibited from employing contract labour for watching its buildings and thus they should be absorbed as direct employees. The petition was filed in 1992. On the date of hearing, none appeared for the petitioners, while counsel for respondent No.1 (VSNL) was present. The court noted that the case was founded on the notification and that the petitioners had made a statement in paragraph 7 of the writ petition regarding the notification. However, due to the absence of the petitioners and their counsel, the court dismissed the writ petition for non-prosecution. The court did not adjudicate on the merits of the claim.
Headnote
A) Contract Labour - Abolition of Contract Labour - Notification SO No.779(E) dated December 9, 1976 - Contract Labour (Regulation & Abolition) Act, 1971 - Petitioners, security guards employed through contractor, sought regularisation as direct employees of Videsh Sanchar Nigam based on notification prohibiting contract labour for watching buildings. Court dismissed the petition for non-prosecution as none appeared for petitioners. Held that the petition is dismissed for default (Paras 1-3).
Issue of Consideration
Whether the petitioners are entitled to be treated as direct employees of respondent No.1 based on the notification prohibiting contract labour for watching buildings.
Final Decision
The writ petition is dismissed for non-prosecution as none appeared for the petitioners.
Law Points
- Non-prosecution of writ petition
- Dismissal for default
- Contract Labour (Regulation & Abolition) Act
- 1971
- Notification prohibiting contract labour for watching buildings
