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2021 Supreme(Kar) 112

ALOK ARADHE, ASHOK S.KINAGI
State Bank's Staff Union (K) – Appellant
Versus
State Bank of India Local Head Office No. 65 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K. Subba Rao, Sr. Counsel For Mr. Kuttappa B.D. Adv.
For the Respondent: Mr. Pradeep S. Sahukar, Adv., For Mr. S.R. Kamala Charan, Adv., Mr. M. Narendran, Adv., Mr. Madan Pillai R, CGC

JUDGMENT :

1. In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellant has assailed the validity of the order dated 04.03.2014 passed by the learned Single Judge by which writ petition preferred by respondent No.1 has been allowed and the order dated 31.07.2012 passed by the Deputy Chief Labour Commissioner by which he had held the proceeding initiated by the appellant under Rule 25(2)(v)(b) of the Contract Labour (Regulation and Abolition) Central Rules, 1971 (hereinafter referred to as 'the Rules' for short) to be maintainable.

2. Facts leading to filing of this appeal briefly stated are that the appellant (hereinafter referred to as 'the Union' for short) filed a petition under Rule 25(v)(a) of the Rules. It was averred that some of its members was employed in the establishment of respondent No.1 by respondent No.2 (hereinafter referred to as 'the Management' and 'the Contractor' respectively), by the Contractor as watchman. It was further averred that the members of the Union who have been hired as Watchman by the Contractor are performing similar or same kind of work, however, they are neither paid wages as prescribed in law nor are paid for

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