(a) whether Andhra Pradesh Government has requested the
Union Government to help the domestic coal industry like
Singareni Collieries from the threat of large scale import
of coal at cheaper rate; and
(b) if so, the action taken by the Government in this
regard?
THE MINISTER OF STATE FOR MINES & MINERALS
(SMT. RITA VERMA)
(a)&(b): Chief Minister of Andhra Pradesh has written a
letter dated 17.12.1999 to Union Minister of Labour in
which a request has been made for amendments to
notifications issued under the Contract Labour
(Regulation and Abolition) Act, 1970 for unhindered
deployment of Contract Labour.
With reference to the above request, the current
position as obtained from Ministry of Labour is reproduced
below:
The Central Government has, vide notification no. SO
2063 dated 21.6.1988 prohibited the employment of contract
labour in the following jobs in all coal mines in the
country;
(i) Raising or raising-cum- selling of coal;
(ii) Coal loading and unloading;
(iii) Overburden removal and earth cutting;
(iv) Soft coke manufacturing;
(v) Driving of stone drifts and miscellaneous stone cutting
underground;
The notification, however, provides that it shall not
apply to the following categories:
(a) Quarries in the North-east coal fields which can only
be worked for a few month every year due to heavy rainfall
in the area;
(b) Quarries located by the side of the river in Pench
valley and similar other patch deposits which can only be
worked when the level of river has gone down and during non-
rainy season;
(c) Loading of coal when there is mechanical failure,
failure of power or irregular supply of wagon by the
railways; and
(d) Cutting of stone drifts/faults which cannot be detected
in advance and are of short duration, say upto six months.
The Ministry of Labour has granted exemption, under
section 31 of the Contract Labour(Regulation and Abolition)
Act, 1970, to Kasta and Kalidaspur areas of Eastern
Coalfields Limited from the aforesaid notification for a
period of 5 years from 20.5.1997.
The Central Government has also prohibited employment
of contract labour in the jobs of sweeping, cleaning,
dusting and watching of buildings owned or occupied by the
establishments in respect of which the Central Government
is the appropriate Government under the Contract Labour
(Regulation and Abolition) Act, 1970 vide notification No.
S.O. 779(E) dated 9.12.1976.
The Supreme Court in the matter Air India Statutory
Corporation vs. United Labour Union and others have laid
down that having abolished the employment of contract
labour, the Central Government is denuded of its power
to go once over into the self same question. Hence,
amendment to the notifications dated 21.6.88 and 9.12.1976
cannot be considered in the present circumstances.
However, the management concerned can request for
exemption, under section 31 of the Act, if the case so
warrants.