What are the formalities in prohibiting contract labour by the appropriate government?
The Orissa High Court has held that the appropriate Government is bound to consult Advisory Board before issuing notification under Section 10 of the Contract Labour (Regulation and Abolition) Act, prohibiting the employment of contract labour in any process, operation or other work. The decision regarding the prohibition of employment of contract labour is no doubt with the appropriate Government but this decision is subject to judicial review. It was further held that when the appropriate Government failed to place material before the Court to indicate the nature of the condition, the appropriate Government had with the Advisory Board and the relevant factors that weighed with the appropriate Government in issuing the notification abolishing the contract labour, the notification is liable to be quashed.1 The Supreme Court has also held that only the appropriate Government can abolish the contract labour system under section 10 of the Act2
References
1. M/s Zenith Industrial Service and two Ors. VS. Union of India and two Ors., 1990 LLJ (I) 38 (0rissa HC).
2. Gujarat Electricity Board and Thermal Power Station vs. Hind Mazdoor Sabha 1995 LLR552 (Supreme Court).
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