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2016 Supreme(Ker) 603

MOHAN M.SHANTANAGOUDAR, SATHISH NINAN
BALACHANDRAN NAIR S. S. – Appellant
Versus
INDIAN SPACE RESEARCH ORGANISATION – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.THOMAS ABRAHAM, SMT.MERCIAMMA MATHEW, SRI.ASWIN.P.JOHN
For the Respondent:SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL, SRI.K.SHRI HARI RAO, CGC, SMT.SREEKALA.K.L., CGC, SRI.K.RAMAKUMAR, SENIOR ADVOCATE, SRI.RAM MOHAN.G., SRI.G.P.SHINOD, SRI.MANU V., SRI.GOVIND PADMANAABHAN, SMT.THUSHARA RAVI, SMT.K.R.KRISHNAKUMARI, SMT.P.V.RADHAMANI, SRI.S.NARAYANAN NAIR, SRI.V.R.PRASOBH, SRI.A.V.LIYAH, SMT.ASHA BABU

JUDGMENT :

These writ petitions involve a question as to the scope of exercise of power by this court under Article 226 of the Constitution of India to issue a writ of mandamus to command the principal employer not to alter the service conditions of the contract labourers (petitioners) pending adjudication of a dispute regarding regularization before the Industrial Adjudicator.

2. The petitioners are the contract labourer working with different contractors engaged by the Indian Space Organisation (ISRO) and its other establishments (hereinafter referred to as principal employer') for the purpose of executing work in the units under it. The petitioners claim that they are employed in various units of the principal employer and many of them have completed more than 20 years of service. They have been engaged continuously by the contractors to execute the work on behalf of principal employer. The length of service rendered by the petitioners varies from 9 to 20 years. The petitioners also approached the Regional Labour Commissioner Central, Thiruvananthapuram raising an industrial dispute for regularization in the service of principal employer. According to the petitioners, the contract


































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