MADURAI: The Madurai Bench of Madras High Court recently directed the Ordnance Factory in Tiruchy to implement an order passed by the Deputy Chief Commissioner of Labour (Central), Chennai, to revise wages of contract labourers engaged in unskilled works in the factory based on 'equal work, equal pay' principle.
Justice B Pugalendhi gave the direction while dismissing a petition filed by the factory management challenging the labour officer's order dated February 25, 2019, on charges that it was passed in a mechanical manner.
The judge noted that the factory, which is a GoI undertaking, was engaging contract labourers to perform unskilled and menial jobs such as cleaning under supervision, shifting and transporting materials, among others, after the Central Government took a policy decision to abolish all Group-D posts.
The workers claimed through the trade union that the nature of their work was the same as that of regular employees and demanded equal pay and benefits.
However, the management contended that the responsibility of the contract labourers is not similar to that of the regular employees. Moreover, the private contractors employ individuals of their choice and not by regular recruitment process, it added.
Based on a petition by the trade union, the deputy chief labour commissioner inspected the factory and passed an order directing the management to pay the contract labourers an additional 50% of minimum wages, along with a raise of 25% pay after completion of every five years of continuous service. Challenging the order, the management filed the petition.
The trade union also filed two petitions seeking regularization and protection from retrenchment due to change in contractor. Referring to the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, Justice Pugalendhi refused to interfere with the officer's decision and directed the management to implement the same within three months.
The judge, however, said he cannot direct the new contractor to hire trade union members, but directed the contractor to consider the workers' case sympathetically and accommodate them in suitable jobs depending on the need. He further dismissed the union's plea for regularisation, with liberty to them to approach the labour court.
