ARINDAM SINHA, M. S. SAHOO
BOC India Limited, Sundargarh – Appellant
Versus
Shri Paramananda Das – Respondent
JUDGMENT
Arindam Sinha, J. - Ms. Pujari, learned advocate appears on behalf of petitioner (management). She submits, impugned is order dated 6th July, 2022 made by the labour Court rejecting her client's petition dated 10th March, 2022 for adding the contractor as party. She submits, the workmen were employed by the contractor. For purpose of effective adjudication on the reference, the contractor is a necessary and proper party.
2. Mr. Mishra, learned advocate appears on behalf of the workmen and relies on judgment of the Supreme Court in Globe Ground (India) Employees Union v. Lufthansa German Airlines reported in (2019) 15 SCC 273, paragraphs 18 and 19. In that context he also relies on sub-section (4) in section 10 of Industrial Disputes Act, 1947. Paragraph-19 is reproduced below.
'19.Further, having regard to limited scope of adjudication, to answer the reference, which is circumscribed by Section 10(4) of the Industrial Disputes Act, 1947, we are of the view that the first respondent is neither necessary nor proper party, to answer the reference by the Industrial Court.'
3. On query from Court Ms. Pujari submits, grounds have been taken in the writ petition. We reproduce below g
Globe Ground (India) Employees Union v. Lufthansa German Airlines reported in (2019) 15 SCC 273
Hochtief Gammon v. Industrial Tribunal reported in AIR 1964 SC 1746
The main legal point established in the judgment is that the addition of a party in an industrial dispute must be necessary for effective adjudication, as determined by the limited scope of adjudicat....
The Labour Court has the discretion to add necessary parties in adjudication under the Industrial Disputes Act for effective resolution of disputes.
The main legal point established in the judgment is that the addition of parties to an industrial dispute reference should only be allowed if it is necessary to make the adjudication effective and en....
Companies must be party to industrial dispute adjudications, not just individual directors.
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 dispute between a principal employer and contractors' workers does not constitute a valid industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, due to the absence of an employ....
The Labour Court has the authority to implead necessary parties for effective adjudication of industrial disputes, particularly regarding liability in cases of insolvency.
The main legal point established in the judgment is that the cause of the Petitioners/Workmen must be properly espoused by the Union, and the existence of an employer-employee relationship must be pr....
The court established that without clear evidence of direct employment, claims of an employer-employee relationship under contract labour provisions cannot succeed.
The court affirmed that non-compliance with contractor licensing does not negate the employer-employee relationship, emphasizing control and direct employment evidence.
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