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IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul)
Steel Authority of India Ltd., IISCO Steel Plant – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The writ petition has been preferred challenging the order of reference dated 18.04.2005 issued by the respondent no.2, Deputy Secretary to the Government of West Bengal, Labour Department.
2. The issue in the order of reference, is as follows:-
“……..whereas an industrial dispute exists between Messrs Indian Iron & Steel Co. Limited, Burnpur, P.O.- Burnpur, Dist- Burdwan and their Contractors' workers represented by ABK Metal & Engineering Workers' Union. The issue of reference is as follows:-
“(1) Whether the demand for absorption of the Contractors' Workers as detailed Annexure 'A' and 'B' in Indian Iron & Steel Co. Ltd. Burnpur, justified?
(2) What relief, if any, are the workers entitled to?”
3. The petitioner's case is that the petitioner company is engaged in the production of Steel. For the purpose of execution of work and carrying on business activities, the company employs a large work force on its roll. Certain jobs of casual and intermittent nature are executed through contractors, selected on the basis of invitation of tenders. The contractors' workers are not employed by the petitioner company, but they are employed by the contractors, and
A dispute between a principal employer and contractors' workers does not constitute a valid industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, due to the absence of an employ....
The court upheld the validity of a reference order made under the Industrial Disputes Act, emphasizing the administrative nature of such references and allowing the Tribunal to adjudicate claims from....
The determination of employment relationships and the validity of contracts lies within the jurisdiction of the industrial adjudicator, particularly when claims of sham contracts are raised.
The court clarified that direct prior demands are not mandatory for initiating conciliation and that the contractor-worker relationship can be adjudicated in the context of unfair labor practices and....
The court ruled that without establishing an employer-employee relationship, reference under Section 10 of the Industrial Disputes Act is inappropriate; contracts are valid unless proven otherwise.
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
The determination of whether an entity qualifies as an 'industry' under the U.P. Industrial Disputes Act should be based on the nature of its activities, and the power of reference under the Act is a....
The existence of an industrial dispute at the time of Reference is essential, and delay in raising the dispute does not extinguish it.
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