GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

 

 

 

No.E(LL)2000/AT/CNR/8                                                                                                                             dt. 8.10.02

 

 

The General Manager,

All Indian Railways/PUs

 

 

 

            Sub:     Contract Labour (Regulation and Abolition) Act, 1970 – Prohibition

                        Of employment of Contract Labour for sweeping, cleaning, dusting

                        And watching of buildings

 

                                                - - - - - -

 

            A copy of  Office Memorandum dated 30.9.2002 received from Ministry of Labour is sent herewith for information and necessary action.

 

DA: as above                                                                                                                                                          Sd/-

                                                                                                                                                                    (B. Majumdar)

                                                                                                                                                                   Jt. Dir. Estt. (LL)

 

No.S-16011/2/2002-LW

Government of India

Ministry of Labour

 

                                                                                                                                         Jaisalmer House, Man Singh Road,

                                                                                                                   New Delhi – 110 011, dt. 30th September, 2002

 

 

 

Office Memorandum

           

 

 

Subject:            Clarification whether there is no prohibition at present imposed by the Appropriate Government on cleaning, dusting and sweeping of Government buildings by contract labour under the Contract Labour

                        (Regulation and Abolition) Act, 1970

 

                        The undersigned is directed to refer to d.o. letter No.99/TG-IV/10/P/ Sanitation dated 16th September, 2002 from Dr. P.K. Goel, Executive Director Passenger Marketing, Ministry of Railways on the subject cited above and to say that there is no prohibition at present imposed by the appropriate Government on cleaning, dusting and sweeping of Government buildings by contract labour under the Contract Labour (Regulation and Abolition) Act, 1970, in view of the Supreme Court judgement dated 30.8.01 in Civil Appeal Nos.6009-6010/2001- SAIL & Ors vs. National Union Water Front Workers & Ors., which has quashed the notification dated 9.12.1976 prohibiting employment of contract labour in sweeping, cleaning, dusting and watching of buildings in establishment falling within the Central Sphere.

 

2.                             In view of prohibitory notification No.S.O.747 (E) dated 28.7.1987 which is specific to the Railways and is still valid, the work of cleaning in catering establishments and pantry car on Railways in the country, whether mechanized/manual cannot be got done through contract labour. The Ministry of Railways, if they so desire, may come up with a proposal for exemption from the applicability of the notification under Section 31 of the Contract Labour (Regulation and Abolition) Act, 1970 in the enclosed proforma at the reverse.

 

 

 

 

                                                                                                                                                                              Sd/-

                                                                                                                                                                   (T.A. Srinivasan)

                                                                                                                                                                   Under Secretary

                                                                                                                                                                  Tele No.3389222