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I. P. MUKERJI, BISWAROOP CHOWDHURY
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
I.P. MUKERJI, J.
GENERAL FACTS
The status of six persons is in question in this appeal. Initially there were nine persons. Three of them are dead. Nine of them were:-
2. They claimed to be workmen of Hindustan Petroleum Corporation Ltd., the appellant and working in its canteen in the Paharpur LPG plant. According to the appellant, they were not. They were all partners of M/s Ten Friends Caterers (the Caterer), who are doing business in the plant under permission from the appellant. As partners, they share the profit and loss of the partnership business.
3. By an order dated 30th June, 1998 under Section 10(1)(d) and 2A of the Industrial Disputes Act, 1947, the Central Government referred the following dispute to the Central Government Industrial Tribunal, Kolkata:-
The main legal point established in the judgment is the application of the Industrial Disputes Act, 1947, and the principles of employer-employee relationship in the context of canteen workers' statu....
The Industrial Court lacks jurisdiction to entertain complaints of unfair labor practices unless an undisputed employer-employee relationship is established.
The court established that for an employer-employee relationship to exist, there must be direct control and supervision over the workers, which was absent in this case.
Point of law :Labour Law -Admittedly, the workmen in all these four petitions are civilian. They are not claiming regularization of their services. The grievances raised by all the workmen, who were ....
Point of Law- Termination of service - Reinstatement - while contesting the reference it is open to a party to raise pleadings that what was referred for adjudication was not an industrial dispute at....
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