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ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Bihar Rajya Vidtyut Parishad Filed Kamgar Union – Appellant
Versus
Presiding Officer, Industrial Tribunal – Respondent
Ashutosh Kumar, J.—Heard Mr. Amrendra Kumar Sinha-I, learned Advocate for the appellant and Mr. Vijoy Nandan Sahay for the BSEB through its Chairman Vidyut Bhawan, Bailey Road, Patna. The State is assisted by Mr. Naman Nayak, learned Advocate.
2. The appellant which is a Union of workers has approached this Court against the judgment passed by the learned Single Judge in CWJC No. 808 of 1997, whereby the challenge to the award passed by the Tribunal, refusing to direct for absorption of the workers, who are members of the appellant association, in the services of the Electricity Board has been affirmed and upheld.
3. It appears from the records that an industrial dispute was raised regarding non-absorption of 616 contract labourers working in Muzaffarpur Thermal Power Station against different posts, who were not being absorbed in the regular service of the Electricity Board.
4. The issue generated a reference under Section 10(i)(d) of the Industrial Disputes Act, 1947 and the matter was referred to the Tribunal for its adjudication. The entire dispute is with respect to the answer of the Tribunal and the consequent award with respect to the first point of reference which inter alia h
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The court confirms that eligibility for absorption of contract workers must be evaluated against their documented employment in abolished categories under the Industrial Disputes Act and associated g....
The court established that the automatic absorption of contract labour into permanent employment is not mandated by law, and the existence of a contractor-employee relationship precludes direct claim....
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