Back
T. RAJA, K. KUMARESH BABU
General Secretary, Madras Refineries Workers Union – Appellant
Versus
Madras Refineries Limited INDCO Serve Society Limited – Respondent
JUDGMENT :
K.Kumaresh Babu, J.
Prayer : Writ Appeal filed under Clause 15 of Letters Patent Act, against the common order of this Court dated 26.04.2012 in W.P.Nos.4368 of 2009, 26724 of 2010 and 6371 of 2011 in so far as W.P.No.6371 of 2011 is concerned and allow the Writ Appeal.
Prayer : Writ Appeal filed under Clause 15 of Letters Patent Act, against the common order of this Court dated 26.04.2012 in W.P.Nos.4368 of 2009, 26724 of 2010 and 6371 of 2011 in so far as W.P.No.26724 of 2010 is concerned and allow the Writ Appeal.
Writ Appeals have been preferred by the General Secretary, Madras Refineries Workers Union being aggrieved against the common order dated 26.04.2012 made in W.P.Nos.4368 of 2009, 26724 of 2010 and 6371 of 2011, wherein the learned Single Judge has set aside the award made in I.D.No.128/2001 dated 30.03.2010 passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai.
2. The issue involved in the appeals is as to whether the Members of the appellant Union have to be absorbed as permanent workers. The case of the appellant in W.A.No.1071/2012 is that the first respondent had entered into a Contract Labour Agreement with the third respondent Socie
The main legal point established in the judgment is that the reasoning arrived at by the Industrial Tribunal in reversing the Award did not suffer from any perversity to be interfered with, and the s....
The court confirmed that contract workers may directly approach the Tribunal for adjudication on employment claims, and held that previous contracts do not guarantee automatic absorption under the Co....
The court confirms that eligibility for absorption of contract workers must be evaluated against their documented employment in abolished categories under the Industrial Disputes Act and associated g....
Court upheld that a direct industrial dispute application by a contract worker is valid and automatic absorption into the employer's establishment is not mandated but preference should be given for a....
The court established that the automatic absorption of contract labour into permanent employment is not mandated by law, and the existence of a contractor-employee relationship precludes direct claim....
The court upheld that a workman may file an industrial dispute directly with the Tribunal without government referral, affirming rights under legislative amendments pertaining to contract labour abso....
The direct filing of an Industrial Dispute by workers under the amended provisions is valid; tribunals may direct absorption into employment if conditions allow, balancing legislative and judicial in....
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
