SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(SC) 272

BRIJESH KUMAR, G.B.PATTANAIK, UMESH C.BANERJEE
B. H. E. L. – Appellant
Versus
Kamal Kar Matar – Respondent


ORDER

Leave granted.

2. This appeal by the B.H.E.L. is against interlocutory order of the Bombay High Court in the pending writ petition directing the payment of Rs. 1500/- per month more to the respondents, who are the employees of the contractor. The said respondents filed a writ petition in the High Court praying for issuanceof a mandamus to the present appellant to absorb them in service and regularise their services with effect from the date of joining. On a notice of motion being taken, the impugned direction has been given. Though ordinarily this Court does not interfere with an interim order of the High Court passed during the pendency of a writ petition, but in the case in hand the impugned order on the face of it is unsustainable and without examining the question as to whether the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 at all apply or not, and that there exists any relationship of master and servant between the B.H.E.L. and respondent-workers, who are admittedly the workers of the contractor, it was wholly unjustified on the part of the High Court to issue the impugned direction directing B.H.E.L. to pay additional sum of Rs. 1500/- per mont


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top