NDLI: Bharat Heavy Electricals Ltd. Vs. Mahendra Prasad Jakhmola & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Award of reinstatement by Labour Court Contract Labour (Regulation and Abolition) Act 1970 Exemption to BHEL set aside by Hc art. 226
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Industrial Disputes Act, 1947 (28 of 1947) Contract Labour (regulation and Abolition) Act, 1970 (37 of 1970)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Contract Labour (Regulation and Abolition) Act, 1970:Notification dated 24.4.1990 issued under the Act, 1970 – Exemption from its applicability to BHEL – Held: BHEL, insofar as their UP operations are concerned, in Haridwar, in particular, are exempted from the applicability of the Notification – Labour laws.Contract Labour (Regulation and Abolition) Act, 1970:Termination of worker – Award of reinstatement by Labour Court –Labour Court based its finding on direct relationship between the parties on the gate passes issued by the appellant, and on a concession made by the appellant’s representative – Held: Evidence showed that the gate passes were issued only at the request of the contractor for the sake of security and safety and also from administrative point of view – This evidence was missed by Labour Court when it arrived at a conclusion that a direct relationship ought to be inferred from this fact – Moreover there was nothing to show that the work performed by the contract labour was ordinarily part of the industry of appellant – Labour Court’s award is perverse and is set aside in exercise of jurisdiction under Art.226 –Constitution of India – Art.226 – Uttar Pradesh Industrial Disputes Act, 1947.Contract Labour (Regulation and Abolition) Act, 1970:Whether employed labourers were direct or contractual employees– Held: Principal employer cannot be said to control and supervise the work of the employee merely because he directs the workers of the contractor ‘what to do’ after the contractor assigns/ allots the employee to the principal employer – In the instant case, evidence led on behalf of appellant showed that no wages were ever been paid to workers by appellant – Workers themselves admitted that there was no appointment letter, provident fund number or wages lip from appellant insofar as they were concerned – Further, it was also specifically pointed out that the names of 29 workers were on the basis of a list provided by the contractor in a bid that was made consequent to a tender notice by appellant – Therefore, there was nothing on facts to show that the contract labour that was engaged,even de hors a prohibition notification, was in the facts of the instant case ‘sham’ – Thus, Labour court erred in holding that the alleged contract with the contractor was “sham”.Concession: Where a question is a mixed question of fact and law, a concession made by a lawyer or his authorised representative at the stage of arguments, cannot preclude the party for whom such person appears from re-agitating the point in appeal – Concession on mixed questions of fact and law cannot decide cases as the evidence as a whole has to be weighed and inferences drawn therefrom. Words and phrases: Expression ‘control and supervision –Meaning of, in the context of contract labour – Labour laws.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2019 INSC 244
Petitioner	Bharat Heavy Electricals Ltd.
Respondent	Mahendra Prasad Jakhmola & Ors.
SCR	[2019] 4 S.C.R. 504
Judgement Date	2019-02-20
Case Number	1799

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