Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947 Jndustrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Laws : Employees working in statutory canteen run by respondent establishment, through contractor-Absorption of, in respondent establishment-Respondent exercising effective control over the Contractor on certain matters in regard to the running of the canteen, but such control was only to ensure efficient running of the canteen-Respondent not reserving right to appoint or dismiss or remove workers working in the canteen-Contractor paying provident fund and wages to the workers which were not reimbursed by the respondent-Worker 's claim for absorption and regularisation in the respondent establishment-Entitlement-Held: Not entitled, as they did not become the workers of the establishment for a purpose other than the Factories Act Industrial Disputes Act, 1947. The appellants had been working in the statutory canteen run by the respondent through contractor in its factory at Haldia. Respondent was treating the appellants as the employees of the contractor. The appellants filed Writ petition before High Court for seeking issuance of mandamus to the respondent to absorb the appellants in its service and to regularise them on the ground that the factory of the respondent is governed by Factories Act, 1948 and the canteen where the said workmen are employed is a statutory canteen established by the respondent as required under the provisions of the Act. Single Judge held that the appellants were being wrongly treated as employees of the contractor and accordingly directed the respondents to absorb the appellants in its service and regularise them. The Division Bench reversed the judgement of the Single Judge and dismissed the writ applications filed by the appellants. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 240 |
Petitioner | Haldia Refinery Canteen Emps. Union And Ors. |
Respondent | M/s. Indian Oil Corporation Ltd. And Ors. |
SCR | [2005] 3 S.C.R. 972 |
Judgement Date | 2005-04-29 |
Case Number | 658 |
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