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2023 Supreme(Del) 498

GAURANG KANTH
DINESH KUMAR – Appellant
Versus
C. P. W. D. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sandeep Kumar Srivastava, Dinesh Kumar.
For the Respondents: Vivekanand Mishra, Aayushmaan, Rishikesh Kumar, Aditya Raj.

JUDGMENT :

GAURANG KANTH, J.

1. The Petitioners/Workmen in the present writ Petition are assailing the Award dated 12.12.2005 passed by the Presiding Officer, Industrial Tribunal cum Labour Court-II, Rajendra Bhawan, Ground Floor, Rajendra Place, New Delhi, in LCA No. 13/2001 (“impugned award”).

2. Learned Labour Court, vide the impugned Award, was pleased to dismiss the Application filed by the Petitioners/Workmen under Section 33(C)(2) of the Industrial Disputes Act, 1947 (“ID Act”) holding that the real and final liability to pay the wages of the Petitioners/Workmen was of their employer, i.e. the contractors. However, the Petitioners/Workmen failed to implead the contractors as a party to the proceedings before the learned Labour Court and therefore, the learned Labour Court dismissed the said application filed by the Petitioners/Workmen under Section 33 (C)(2) of the ID Act.

FACTS RELEVANT FOR THE CONSIDERATION OF THE PRESENT WRIT PETITION:

3. The Petitioners/Workmen were engaged as Chowkidars w.e.f. 1993 through Respondent Nos.3 to 10 (Contractors) to provide the security services at various premises of Respondent No. 1/Management. It is the case of the Petitioners/Workmen that th

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