R.V.RAVEENDRAN, A.K.PATNAIK
General Manager (OSD), Bengal Nagpur Cotton Mills Rajnandgaon – Appellant
Versus
Bharat Lal – Respondent
JUDGMENT
R.V. Raveendran, J. —
Leave granted. IA 5/2007 for bringing on record an additional document (certificate relating to employment of first respondent with another employer from 1985) is allowed. Heard.
2. The appellant entered into a security service agreement dated 2.12.1975 with the second respondent, for its Mills premises, governed by the provisions of Contract Labour (Regulation & Abolition) Act, 1970 (‘CLRA Act’ for short). The first respondent was one of the persons appointed by the second respondent, and he was deployed for guard duties at the appellant’s Mill on 15.12.1980. The second respondent discharged the first respondent from service on 27/28.7.1982. The appellant terminated the security service agreement with the second respondent on 16.8.1982.
3. Five years after his termination, in the year 1987, the first respondent filed an application under section 31(3) of the Madhya Pradesh Industrial Relations Act, 1960 (for short ‘MPIR Act’) for a declaration that his termination from service was illegal. He also sought a consequential direction to the appellant and second respondent to extend all the benefits which the employees of the appellant were being extended
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