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2023 Supreme(Kar) 160

SURAJ GOVINDARAJ
Mysore Electrical Industries Limited – Appellant
Versus
Engineering and General Workers Union, Bangalore – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: H.M. Muralidhar.
For the Respondent: K.B. Narayana Swamy.

ORDER :

1. The petitioner-employer is before this Court seeking for the following reliefs:

    (a) Call for the records on the file of the Industrial Tribunal, Bangalore, in I.D. No. 5/2000, peruse the same, allow the writ petition, quash the impugned Award dated 3rd December 2011 passed in I.D. No. 5/2000 vide Annexure ‘A’ by issue of a writ in the nature of certiorari, consequently, dismiss the dispute.

(b) Or in the alternative pass such other orders as this Hon’ble Court deem fit to pass on the facts and in the circumstances of the case, in the interest of justice and equity.

2. The employer is an undertaking of State of Karnataka engaged in manufacture and sale of power breakers of various capacities. It has its own service rules, Cadre and Recruitment Rules for appointment of regular employees which is what is alleged to have been followed by the employer.

3. The services which are concerned with in the present matter are those related to house-keeping, gardening, loading and unloading which is alleged to require only a few hours a day. It is on that basis that the employer had entrusted those works to labour contractors for lumpsum amount by entering into contract.

4. The contractors

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