Back
HEMANT M. PRACHCHHAK
Gujarat State Electricity Corporation Ltd. – Appellant
Versus
Akhil Gujarat Vidyut Kamdar Sangh – 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 (hereinafter be referred to as “the Contract Labour Court”) with the following reliefs:
(B) To issue an appropriate writ, order or direction quashing and setting aside the impugned judgment and award dated 20.10.2004 passed by the learned Industrial Tribunal, Nadiad in Reference (I.T.N.) No. 721 of 1998 and further;
(C) To stay the execution, implementation and operation of the impugned order dated 20.10.2004 passed by the learned Industrial Tribunal, Nadiad in Reference (I.T.N.) No. 721 of 1998 pending admission, hearing and final disposal of this petition;
(D) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to grant ad-interim relief as stated in terms of Para 13(C) hereinabove;
(E) To award the costs of this petition;
(F) To grant such other and further relief as may be deemed fit by this Hon’ble Court in the interest of justice;”
2. Brief fact
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.
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 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....
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 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.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
