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Sankar Mukherjee And Ors vs Union Of India And Ors on 16 November, 1989

3. It was contended before the learned single Judge that the subject-matter relates to abolition of the contract labour and regularisation of their services under the appellant-company. There being no relationship of employer and employee between the parties, and the cause of the labourers not having been espoused by the direct employees, the provisions of Industrial Tribunal Act cannot be invoked to refer the dispute to the Industrial Tribunal. It was further argued that the dispute has to be resolved as per provisions of the Contract Labour (Regulation and Abolition) Act, 1970, for short, the Act, by way of issuing a notification under provisions of Section 10. The learned single Judge relying on the ratio laid down in Shankar Mukherjee v. Union of India, (1990-11-LLJ-443)(SC) and Gujarat State Electricity Board v. Hind Mazdoor Sabha and Ors. (1995-II-LLJ-790) (SC) held the reference made by the Central Government as maintainable, and dismissed the writ petition.
Supreme Court of India Cites 7 - Cited by 25 - K Singh - Full Document
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