CENTRAL WAREHOUSING CORPORTION vs GOVT. OF INDIA

Judgment text excerpt

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27.03.2025 Pronounced on: 24.04.2025 + W.P.(C) 4114/2008 CENTRAL WAREHOUSING CORPORATION…..Petitioner Through: Mr. Vikas Singh, Sr. Adv. With Mr. K.K. Tyagi, Mr. Iftakhar Ahmed, Ms. Vasudha Singh, Ms. Garima Tyagi, Advs. versus GOVT. OF INDIA .....Respondents Through: Mr. T.P. Singh, Sr. Central Govt. Counsel for R-1/UOI. Ms. Asha Jain Madan, Adv. For R-2 to R- 225. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 24.04.2025 AJAY DIGPAUL, J. 1. The present writ petition challenges notification dated 17 November 2006 issued by the Ministry of Labour and Employment, Government of India, whereby employment of contract labour in the petitioner’s 1 establishment was prohibited. 2. The impugned notification issued under Section 10 (1) of the Contract Labour (Regulation and Abolition) Act, 1970 2, prohibited the employment of contract labour in the works of handling import and 1 Central Warehousing Corporation, “CWC” hereinafter 2 “the Act” hereinafter Signature Not Verified Signed By:SHILPI WP(C) 4114/2008 Signing Date:25.04.2025 Page 1 of 33 10:37:35 export container/ cargo, their loading and unloading from road vehicles, along with their stuffing and de-stuffing in/from containers, in the CWC’s Inland Clearance Depot 3 at Ghazipur, Patparganj, with immediate effect. 3. CWC’s challenge alleges non-application of mind, as required by, and in accordance with, Section 10 (2) of the Act, while issuing the impugned notification under Section 10 (1) of the Act. 4. CWC is a statutory corporation, established under the Warehousing Corporation Act, 1962. The relevant facility to the present dispute is an ICD established in 1985 by CWC at Patparganj, for which it had been granted a licens