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W.P.No.12588 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 08.07.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 12588 of 2025 & W.M.P.No. 14780 of 2025 Airport Authority of India, Represented by its Director, Chennai Airport, Chennai – 600 027 ...Petitioner Vs. 1.Union of India, Rep. by its Secretary, Ministry of Labour & Employment, New Delhi – 110 001. 2.The Chairman, Central Advisory Committee & Labour Board, Shram Shakthi Bhavan, Ministry of Labour & Employment, Sansad Marg Area, New Delhi – 110 001. 1/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025 3.The Additional Secretary and DGLW, Central Advisory Committee & Labour Board, Shram Shakthi Bhavan, Ministry of Labour & Employment, Sansad Marg Area, New Delhi – 110 001. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent dated 16.08.2024 in [F.No.16014/04/2022-LW(B)-Part] and quash the same as against the principles of natural justice, arbitrary, illegal and unlawful. For Petitioner : Mr. S.Venkatesan For Respondents : Mr. AR.L.Sundaresan ASGI Assisted by Mr. K.Ramamoorthy 2/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025 O R D E R The above Writ Petition has been filed for the following relief:
“Calling for the records of the 1st respondent dated 16.08.2024 in [F.No.16014/04/2022-LW(B)-Part] and quash the same as against the principles of natural justice, arbitrary, illegal and unlawful”
2. It is the contention of the petitioner that it is a statutory authority established by the Central Government under the Airport Authority of India Act, 1994. They have been established for creating, upgrading, maintaining and managing civil aviation infrastructure in India. 3. The functions of the petitioner includes planning, developing, constructing and maintaining runways, taxiways, aprons and terminals and ancillary buildings in the airport and civil enclaves besides controlling air traffic and other functions. 3/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025
4. To ensure seamless functioning at airport the petitioner engages contract labourers through Contractors. Whileso the contract labourers engaged at the Cargo Complex of the Chennai Airport had raised a dispute seeking absorption and regularisation. The conciliation proceedings ended in a failure and ultimately resulted in a reference to the Industrial Tribunal in ID.No.65 of 1991. By award dated 23.12.1994 the ID was allowed. 5. The petitioner challenged this order in WP.No.6126 of 1995 and this Court by order dated 15.12.1997 allowed the Writ.
The same was challenged in WA.No.544 of 1998 and the Hon'ble Division Bench allowed the appeal and confirmed the award passed by the Tribunal. This order was taken up to the Hon'ble Supreme Court in SLP.(Civil Appeal).No. 2244 of 2002 and the Hon'ble Supreme Court was pleased to set aside the order passed by the Division Bench and confirmed the order of the learned Single Judge. As a result the contract labourers were held to be not regular and direct employees of the petitioner 4/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025 authority. 6. Thereafter, by their letter dated 20.12.2017 addressed to various contract labourers engaged by them the petitioner had informed them that they were being engaged on an ad interim basis till a final decision was arrived at by the Central Government as per Section 10 of the Contract Labours (Regulation and Abolition) Act, 1970 (CLRA in short) with regard to the contract labourers. 7. This letter was put on challenge in WP.Nos.10946 to 10961 of 2018 by Kaliyaperumal and others which disposed on by order dated 28.04.2022 with observations. Thereafter, a contempt petition Cont.P.No.364 of 2023 was filed and the same was closed by order dated 22.06.2023 as the representation that the reconstitution of the Central Advisory Contract Labour Board (CACLB in short) was underway. 5/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025
8. After the constitution of the CACLB a notice dated 18.04.2024 was received by the petitioner intimating about a hearing on 26.04.2024 at New Delhi. This hearing was reposted to 02.05.2024. The petitioner's grievance is that despite their requests the report of the Sub-Committee was not handed over to them and therefore the petitioner has come forward with the instant Writ Petition for the relief set out there under. 9. Pending this Writ Petiton, the petitioner has been provided with the minutes of the 102nd and 103rd meeting of the Board.
The learned Assistant Solicitor General had also undertaken to produce a copy of the report of the Sub Committee which was also given to the parties. 10. It is informed by Mr. AR.L.Sundaresan, learned Additional Solicitor General of India that after the special committee report were submitted objections were received from the petitioner and this subject would be placed in the next meeting and opportunity will be given to 6/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025 both the petitioners, namely the petitioner in the present writ petition and the petitioner in WP.No.10948 of 2018 to submit their objections. Therefore, the relief claimed in the writ petition has been granted. 11. The Writ Petition is closed. Consequently, the connected miscellaneous petition is also closed. No costs. 08.07.2025
Index : Yes/No Internet : Yes/No kan 7/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025 To 1.Union of India, Rep. by its Secretary, Ministry of Labour & Employment, New Delhi – 110 001. 2.The Chairman, Central Advisory Committee & Labour Board, Shram Shakthi Bhavan, Ministry of Labour & Employment, Sansad Marg Area, New Delhi – 110 001. 3.The Additional Secretary and DGLW, Central Advisory Committee & Labour Board, Shram Shakthi Bhavan, Ministry of Labour & Employment, Sansad Marg Area, New Delhi – 110 001. 8/9 https://www.mhc.tn.gov.in/judis
W.P.No.12588 of 2025 P.T. ASHA, J,
kan W.P.No. 12588 of 2025 08.07.2025 9/9 https://www.mhc.tn.gov.in/judis