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1998 Supreme(SC) 48

S.B.MAJMUDAR, J.JAGANNADHA RAO
Bharat Petroleum Corporation LTD. – Appellant
Versus
Mumbai Shramik Sangha – Respondent


Judgment

M. Jagannadha Rao, J.-The appellant Bharat Petroleum Corporation Ltd. (hereinafter called the ‘Corporation’) was the first respondent before the High Court in Writ Petition No. 436 of 1991 filed by Mumbai Shra­mik Sangha (a trade union), Bombay. The said trade-union is the first respondent in this appeal. M/s. Kleenwel (India), Bombay and the Union of India are the second and third respondents in this appeal and were second and third respondents, respectively, before the High Court. The appeal is preferred by the Corporation against the orders of the High Court of Bombay dated 30.1.1997, 31.1.1997 and 21.2.1997. The High Court allowed the writ petition filed by the abovementioned trade-union and held that the workmen, who were employed by the Contractor M/s. Kleenwel (India) for cleaning, sweeping, etc. in the housing colony and sports complex of the Corporation were entitled to the benefits of Notification dated 9.12.1976 issued by the Government of India under Section 10(1) of the Contract Labour (Regulation & Aboli­tion) Act, 1970 (Act 37/1970) (hereinafter called the ‘Act’), abolish­ing contract labour and hence the said contract labour should be absorbed, w.e.f. 1.2.19













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