Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1970 - s. C 10(1 Contract Labour (Regulation and Abolition) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contract Labour (Regulation and Abolition) Act, 1970 - s. C 10(1) - Writ petition seeking regulaisation of employees - On basis of the Notification issued by the State Government for abolition of contract labour in respect of the workers in OAP Plant-Cleaning of granulation dry section, cleaning in combustion chamber - Meanwhile, State Advisory Contract Labour Board had o recommended prohibiting contract labour system in 16 areas of the Company - In another writ application, wherein parties were common, the Company directed to reconsider the recommendation of the State Advisory Contract Labour Board with regard to abolition of Contract Labour in respect of 15 other areas left out by it and to E take appropriate decision, however, no action taken - Plea by the company that the State Government is not an appropriate government/or the purpose of the Act and the notification was not binding upon the Company - In the writ petition, High Court directed the Company to implement the notification abolishing the contract labour and to regularize the service of the workmen - In review, order F modified to the extent that only those workers engaged in the cleaning of granulation dry section, cleaning in combustion chamber, to be regularized - On appeal, held: Since the decisions in the writ petitions have reached finality, such question cannot be re-agitated in another writ petition between same parties as the G question.will be hit by the principles of res judicata - Once the Notification for abolition of contract labour in respect of the workers in OAP Plant-Cleaning of granulation dry section, cleaning in combustion chamber, etc. was issued, it was incumbent on the part of the Company to implement the same - Since it was not implemented, the High Court rightly directed to implement the same - Order passed by the High Court not called for interference |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 565 |
Petitioner | M/s Paradeep Phosphate Ltd. |
Respondent | Paradeep Phosphate Mazdoor Union & Ors. |
SCR | [2014] 8 S.C.R. 582 |
Judgement Date | 2014-08-26 |
Case Number | 8151 |
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