Search Results Page

Search Results

1 - 10 of 17 (0.20 seconds)
Transformers & Electricals Kerala Ltd. ... vs The Industrial Tribunal Alappuzha, The ... on 15 February, 2002 cites

The Standard-Vacuum Refining Co.Of ... vs Its Workmen And Others on 6 April, 1960

After considering the decisions of the Apex Court in Workmen of Dimakuchi Tea Estate v. The Management of Dimakuchi Tea Estate ((1958) I LLJ 500) and Standard Vacuum Refining Co. of India Ltd. v. Its Workmen and Ors. ((1960) II LLJ 233) and the entire case law, the Supreme Court held that in view of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 only the appropriate Government has the authority to abolish contract labour in accordance with the provisions of that Act and no court including the Industrial Adjudicator has jurisdiction to abolish contract labour. If the contract is genuine, dispute regarding their service conditions cannot be raised against the management of main establishment by the employees or union of the contractor's employees; but, such disputes can be raised by the Union of workmen in the main establishment. It was also held that if the contract is sham or not, the workmen of the so called contractor can raise an industrial dispute for declaring that they were always the employees of the principal employer. In paragraph 50 of the decision in Gujarat Electricity Board's case (supra), it was held as follows:
Supreme Court of India Cites 6 - Cited by 34 - K N Wanchoo - Full Document

Indian Petrochemicals Corporation ... vs Shramik Sena And Ors on 4 August, 1999

Tests laid down to consider when employees of the canteen can be treated as employees after referring to Indian Petrochemicals Corporation Limited v. Shramik Sena and Ors. (JT 1999 (5) SCC 339), Reserve Bank of India v. Workmen (JT 1996 (3) SC 226), MMR Khan v. Union of India (JT 1990 (3) SC 1) and Parimal Chandra Raha's case (supra) were laid down as follows:
Supreme Court of India Cites 10 - Cited by 113 - Full Document

Air India Statutory Corporation vs United Labour Union & Ors on 6 November, 1996

268), a Constitution Bench held that abolition of contract labour can be done by the appropriate Government as provided under the Contract Labour (Regulation and Abolition) Act and not by the industrial tribunal or by any other forum. But, overruling the dicta laid down in Air India Statutory Corporation and Ors. v. United Labour Union and Ors. (JT 1996 (11) SC 109 = (1997) 9 SCC 377), it was held that even if contract system is abolished in any area, principal employer is not bound to accept them as their employees and there is no automatic absorption. After analysing the case law including Gujarat Electricity Board's case (supra) and all other previous cases regarding the question whether contract is a sham or not, it was held as follows:
Supreme Court of India Cites 118 - Cited by 420 - K Ramaswamy - Full Document
1   2 Next