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M.GOVINDARAJ
Industrial Estate's & General Workers Union (CITU) – Appellant
Versus
Government of Tamil Nadu Rep. by its Secretary Labour and Employment Department Fort St. George – Respondent


Advocates Appeared:
For the Petitioner: Mr.N.G.R.Prasad, Mr.R.Krishnasamy
For the Respondents: Mr.M.Venkadeshkumar, Mr.S.T.S.Murthi, Mr.C.Munusamy

Judgement Key Points

Based on the provided judgment, the court's decision is heavily influenced by the principle that contractual employees engaged through an independent contractor do not have a direct employer-employee relationship with the principal employer. The court emphasized that such contract laborers cannot claim benefits such as permanency or bonuses against the principal employer, as their employment is solely with the contractor.

In the context of a Section 5 application, which typically pertains to the recognition of a trade union or the rights of workers, the judgment supports the position that claims for benefits or regularization made against the principal employer are not sustainable when the workers are engaged through a contractor. The court's reasoning indicates that unless there is a direct employment relationship, the principal employer is not liable for employment benefits, and claims should be directed solely against the contractor.

Therefore, if a defendant relies on this judgment in a Section 5 application, the judgment would be in favor of the defendant, reinforcing that the workers' claims for benefits or regularization against the principal employer lack legal basis in the absence of a direct employer-employee relationship. The court's findings affirm that the legal protections and obligations do not extend to contractual workers engaged through an independent contractor, and the union's claims against the principal employer are not maintainable under these circumstances.


ORDER :

Challenging the action of the third respondent in issuing Tender Notification calling for Contractors to provide Contract Labourers for Housekeeping and maintenance purposes, the petitioner - Union preferred the above writ petition.

2. According to the petitioner, the petitioner - Union was registered under the Trade Unions Act, 1926 on 08.04.1959. The third respondent was started in the year 2010 and directly selected the Members of the petitioner-Union as Housekeeping workers. They were not made permanent. Therefore, through the petitioner - Union, they submitted a Charter of Demands for minimum wages, increment, dearness allowance, house rent allowance, travelling allowance, leave facilities etc., on 08.03.2017. Since the third respondent has not responded to their demands, a dispute under Section 2(k) of the Industrial Disputes Act, 1947, was raised on 19.04.2017 before the Additional Commissioner of Labour, Chennai. The third respondent failed to appear for the conciliation proceedings before the fourth respondent. Therefore, on 24.08.2018, the petitioner - Union raised a dispute with regard to charter of demands before the fourth respondent. However, during the pendency

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