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2002 Supreme(SC) 358

K.G.BALAKRISHNAN, S.N.PHUKAN
Nitinkumar Nathalal Joshi – Appellant
Versus
Oil And Natural Gas Corporation – Respondent


K.G.BALAKRISHNAN, J.

(1) LEAVE granted The judgment of the Division Bench of the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No. 395 of 1999 is challenged before us. The appellants alleged that they were workmen employed as contract labourers in the capacity of Boiler Operators through the Contractor, Ahmedabad Electricity Co. Limited. According to these appellant workmen, they were employed as contract labour with the first respondent principal employer, namely. Oil and Natural Gas Corporation Limited (hereinafter being called as "ONGC Limited"). Consequent. upon the notification dated September 8, 1994 under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 by the Central Government, the contract labour in the post of Boiler Operators, Attendants, Helpers and Peons was prohibited and these appellants claimed that they should be treated as the employees of the first respondent. They filed a Writ Petition before the High Court of Gujarat and learned single Judge held that these appellants were persons engaged for attending different; operations of the boiler in the boiler house of ONGC Ltd. through the contractor, which










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