Contract-Labour must be given an opportunity of being heard before changing their conditions of service

Hindustan Aeronautics Limited (HAL) revised comprehensive service contract applicable to the contract workers, represented by their Union herein the respondents. The respondents claimed that the revised comprehensive service contract is violative of Article 14, 21, 23,39, 42, and 43 of the Indian Constitution and Contract Labour (Regulation and Abolition) Act, 1970 (the “1970 Act”). The single judge bench found that it is only an internal correspondence between the officers in respect of conversion of existing contract to comprehensive service contract and the Writ Petition is premature thereby directing HAL to invite objections from likely to be affected persons. It was contended by the HAL that there is no provision under the 1970 Act requiring consultations with labour engaged by the contractors in the matter of entering into a contract where such contract is permitted. The division bench after considering the contentions advanced from both the sides observed in this Writ Appeal No. 1122 of 2021 that, while there are no provisions in the 1970 Act enabling consideration of the contentions of the contract labour before drawing up a contract, it is equally true that nothing precludes the hearing of the representatives of contract labour before a comprehensive change in the nature of contract, and the HAL being State under Article 12 have to grant the opportunity of being heard to the authorized representatives of the contract labour following the principles of natural justice.