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2014 Supreme(Guj) 191

RAVI R.TRIPATHI, MOHINDER PAL
Indian Oil Corporation – Appellant
Versus
Chief Labour Commissioner (Central) – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:R.P. Bhatt and Manish R. Bhatt, Senior Advocates for Mauna M. Bhatt
For Respondents/Defendant: Satyam Y. Chhaya

Judgment

Mohinder Pal, J.

1. This L.P.A. No. 65 of 2013 challenges judgment and order dated 3-9-2012 passed by learned Single Judge in Spl. C.A. No. 9036 of 1998 and cognate matters by which the learned Single Judge has confirmed order dated 29-5-1998 passed by the Chief Labour Commissioner (Central) ('the C.L.C. for short) in a dispute arising under Rule 25(2)(v)(a) of the Contract Labour (Regulation & Abolition) Rules, 1971 (for short, "the Rules") framed under the Contract Labour (Regulation & Abolition) Act, 1970 (for short, "the Act"). In this matter, there are three categories of contract labourers, viz. Non-statutory snacks canteen, (2) malis and (3) sweepers. Brief facts giving rise to this dispute are that, on 1-3-1994 respondent No. 2 made a complaint before Assistant Labour Commissioner that concerned contractor had committed breach of licence conditions. On this complaint, the matter was referred to the C.L.C. The C.L.C. vide his order dated 17-4-1996 passed under Rule 25(2)(v)(a) of the Rules gave finding that employees of contractors were not discharging the same or similar nature of work, and therefore, there was no violation of Clause (v) of the licence. This order of

















































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