Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Res judicata |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Res judicata: When the parties are different, issues are different, reliefs are different, the question of either res judicata, or finality of proceedings, acquiescence or estoppel would not arise - On facts, worker union representing the canteen workers of the contractor engaged by company for running its canteen filed first writ petition seeking abolition of contract labour system which was dismissed for want to prosecution - Second writ petition filed for making reference under s. 10 to industrial tribunal to decide whether the contract between company and canteen contractor was sham - Dismissed on the ground that petitioner was estopped from taking different stand in subsequent writ petition - Held: High Court erred in assuming that appellant had taken inconsistent stands in the two writ petitions - Since the prayer in writ petition 1 for abolition of contract labour was rejected, they could then seek relief under Industrial Disputes Act - The contention of company that on account of the dismissal of the first petition, the second petition for a different relief was barred either by principle of res judicata or by principle of estoppel is liable to be rejected - Central Government is directed to take an appropriate decision on the request for reference of the dispute to Industrial adjudicator - Contract Labour (Regulation and Abolition) Act, 1970- s.10- Industrial Disputes Act, 1947 - s.10(1)(c). Plea - Inconsistent pleas taken by a party - Permissibility - Held: It is impermissible to take inconsistent plea by way of amendment thereby denying the other side, the benefit of an admission contained in the earlier pleading - Mutually repugnant and contradictory pleas, destructive of each. other may also not be permitted to be urged simultaneously by a plaintiff/petitioner - But when there Is no Inconsistency In the facts alleged, party Is not prohibited from taking eltemstlve pleas available In law - Similarly, on the same facts, different or altemstlve reliefs can also be claimed. The appellant union represent the canteen workers of the contractor engaged by IOC for running Its canteen. It filed first writ petition in High Court seeking direction . - to hold an investigation under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 and make an order abolishing the contract labour system in regard to workmen in the canteen of IOC and a direction to IOC to absorb/regularize the services of the said workers. The writ petition was dismissed for want to prosecution. Thereafter, the appellant filed second writ petition contending that the contracts between IOC and the canteen contractor was sham and bogus and seeking a direction to Union of India to make a reference of the dispute, raised by them in regard to the demand for permanency of the canteen workers to the tribunal. The High Court disposed of the said writ petition with a direction to the Central Government to consider and dispose of the request for reference with a further direction to maintain status quo in regard to concerned workmen till disposal of the reference application. Pursuant thereto, conciliation proceedings were held, which failed. The Government was of the view that the dispute, prima facie, was not fit for adjudication, as the workmen in respect of whom the dispute was raised were not appointed by the management of IOC but were engaged by the contractor holding a valid and legal contract. The appellant filed writ petition seeking a mandamus to Government of India to refer the dispute raised, to the tribunal for adjudication. High Court dismissed the writ petition on the ground that the first writ petition for abolition of contract labour in the canteen in the establishment of IOC, was dismissed for non-prosecution and attained finality and once having sought the relief of abolition of contract labour, the appellant was estopped from seeking any other relief by contending that the contract was sham and not genuine. The question for consideration in present appeal was whether in view of the stand taken by the appellant in first writ petition, the appellant was estopped from taking a different stand in the subsequent writ petition and whether the decision of the Central Government refusing reference required interference. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 486 |
Petitioner | Sarva Shramik Sangh |
Respondent | Indian Oil Corporation Ltd. & Ors. |
SCR | [2009] 6 S.C.R. 39 |
Judgement Date | 2009-04-13 |
Case Number | 2423 |
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