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

2008 Supreme(SC) 1434

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Steel Authority of India Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appellants :Ranjit Kumar, Sr. Adv., Sunil Kumar Jain, Aneesh Mittal and Ms. Jaya Tomar, Advocates.
For the Respondents:Rajiv Dhawan, Sr. Adv., R.K. Gupta, T. Hussain, S.K. Gupta, Arun Yadav, Manoj K. Mishra, Tara Chandra Sharma and Ms. Neelam Sharma, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court dismissing the writ petition filed by the appellants. Challenge was to the reference made by the Government of West Bengal of a purported industrial dispute under Section 7-A of the Industrial Disputes Act, 1947 (in short the ‘Act’). According to the appellants, the reference was incompetent in view of what has been stated by this Court in Steel Authority of India Ltd. v. National Union Waterfront Workers,1 (2001(7) SCC 1).

3. Factual scenario as projected by the appellants in the present appeal and the writ petition is as follows :

Respondent No.4 i.e. National Union of Water Front Worker (in short the ‘Union’) made a representation to Regional Labour Commissioner (Central) on 21.4.1987 seeking conciliation of proceeding for regularization of services of members of its Union who were working as contract labours with M/s Bardhan and Co. under principal employers i.e. the present appellants. Another representation was made on 4.6.1987 to the Labour Commissioner claiming the status of the workers as contract labours of aforesaid M/s Bardhan






























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