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HEMANT M. PRACHCHHAK
GUJARAT STATE ELECTRICITY CORPORATION LIMITED – Appellant
Versus
SHREE VIJLI KARMACHARI MAHA MANDAL – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present petition is filed under Articles 226 and 227 of the Constitution of India and under the provisions of the Industrial Disputes Act, 1947 and under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 with the following reliefs:
(B) Pending the admission, hearing and final disposal of this petition, this Hon’ble Court may be pleased to stay the execution, implementation and operation of award dated 13.03.2020 passed in Reference (I.T.) No. 51 of 2019 by learned Industrial Tribunal, Bhavnagar.
(C) Any other and further relief or reliefs to which this Hon’ble Court deemed fit, in the interest of justice may kindly be granted.
2. Brief facts of the present petition, in nutshell, are as under:
The Tribunal exceeded its jurisdiction by declaring the contract as sham without sufficient evidence, and the relationship between the contractor and workers was valid under the Contract Labour Act.
The Industrial Tribunal exceeded its jurisdiction by declaring a contract as sham without a prohibition notification under Section 10 of the CLRA Act, which is necessary for such a determination.
Absorption of contract labour – There is no provision under Section 10 of CLRA Act that workers/employees employed by contractor automatically become employees of appellant and/or employees of contra....
The mere issuance of a prohibition notification under Section 10 of the CLRA Act does not automatically lead to the absorption of contract labour as employees of the principal employer; such a determ....
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 the criteria for determining the employer-employee relationship must be correctly applied, emphasizing that mere supervision does not establish direct employment if the contr....
The necessity for claimants to substantiate allegations of a sham contractor relationship to validate employment claims under the Industrial Disputes Act, emphasizing that mere supervision does not e....
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....
A judgment contrary to the evidence or without evidence is perverse. Concession of counsel on such facts and law does not bind the party.Master-servant relationship.
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