decision in Indian Petrochemicals Corpn. Ltd. Case would apply to the facts of the case. Though in that case the contract was found ... Pant University case , M. Aslam case ( 2001) 1 SCC 720) and Saraspur Mills case and in all those cases the principal establishment was actually
impugned order.
ii) The respondents 1 to 3 relied on SAIL case, 2010 (10) SCC 744 and Chettinad case (W.P.7233 of 2016) dated ... various issues raised in the present writ petition are covered in SAIL case reported in 2010 (1) SCC 744. Merely issuing a direction for investigation
further contended that the judgment of the Supreme Court in SAIL case, did not take away their rights. It was only held that the notification ... INDIA LTD. v. NATIONAL UNION WATERFRONT WORKERS (hereinafter called the SAIL case) though the Supreme Court held that the workers under the contract labour system
circumstances of each case."
44. In para 40 of SAIL case the Constitution Bench states that it shall refer to the cases of this ... Corporation of India.
45. In para 41 of the judgment in SAIL case, the Constitution Bench examined the judgment in Heavy Engg. Mazdoor Union case
said Act, which is illegal. As per the SAIL case cited supra, the petitioner
is neither be able to absorb the labourers working under ... decision of the Hon'ble Apex Court in SAIL case and that no industrial
adjudication has found that there should be abolition of contract
record a finding that the labour contract in the present case was a sham or a camouflage considering the material on record; even otherwise, this ... various decisions of this Court including the Constitution Bench judgment in SAIL."
( 5) Food Corporation of India Workers' Union v. Food Corporation
direct the Government to make a reference. In the present case, the Government is yet to make any decision. For this purpose, he relied upon ... Steel Authority of India Ltd. v. Union of India6 (Second SAIL case, CLR p.667, para 18)
For the purpose of exercising jurisdiction under Section
would justify the case being dealt with as one of a private alienation by misuse of the machinery of public sale ... defendants 5 and 8 have, during the greater part of the case, sailed together, I am not disposed to make any order as to costs
role of industrial adjudicators as found in paragraph 126 of the SAIL case (cited supra). Though the learned senior counsel urged that the theory ... agree with the stand taken in the case referred to above.
47.Further, in the present case, private respondents have also seriously disputed the stand
Government as held by the Supreme Court in the judgment in SAIL case (cited supra).
60. In view of the above, the impugned Award suffers
