
Steel Authority of India Ltd. v. National Union Waterfront Workers (2001) held that Abolition of contract labour under Section 10 does not result in automatic absorption
Citation: (2001) 7 SCC 1
This Constitution Bench judgment comprehensively interpreted the Contract Labour (Regulation and Abolition) Act, 1970, particularly addressing the crucial question of whether abolition of contract labour leads to automatic absorption of contract workers in the principal employer's establishment. The Court held that mere abolition of contract labour does not result in automatic absorption. The appropriate government's notification under Section 10 only prohibits employment of contract labour for specified work; it does not mandate absorption. The Court overruled the contrary view taken in Air India v. United Labour Union (1997). The judgment clarified that contract workers whose services are abolished have no automatic right to be absorbed by the principal employer. However, the Court directed that displaced workers should be given preference in fresh employment and provided procedural safeguards. This judgment significantly impacted the rights of contract labour across India.
Abolition of contract labour under Section 10 does not result in automatic absorption
Principal employer is not obligated to absorb contract workers after abolition
Section 10 notification only prohibits employment of contract labour, does not mandate absorption
Air India v. United Labour Union (1997) overruled to the extent it held automatic absorption
Displaced contract workers should be given preference in fresh regular employment
Various industries challenge automatic absorption of contract workers
Case referred to Constitution Bench due to conflicting precedents
Join 50,000+ legal professionals
Constitution Bench delivers judgment settling law on contract labour abolition