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2006 Supreme(All) 180

BHARATI SAPRU
CHANEL CHHAP FERTILIZER AND CHEMICALS LTD. – Appellant
Versus
LABOUR COMMISSIONER (U. P. ), KANPUR – Respondent


Advocates Appeared:
J.N.TIVARI, K.S.SINGH, S.CHATTERJEE, S.S.Mishra

( 1 ) THE present petition arises out of proceedings under Rule 25 (2) (v) (a) of the U. P. Contract Labour (Regulation and Abolition)Rules, 1975 (hereinafter refered to as the rules, 1975 ).

( 2 ) BY the impugned order dated January 7, 1994 passed in case No. 32 of 1990 (Annexure 8 to the writ petition), the authority has given to the two respondent workmen who where contractors workmen, wages which were to be given to the casual employees of the principal employer the petitioner.

( 3 ) THE facts of the case are that the petitioner Chand Chhap Fertilizer and chemicals Limited, later known as ICI Limited and now known as Duncans Industries Ltd. , was the principal employer. In order to undertake certain jobs in the industry, the principal employer had engaged one contractor by the name of Saran Engineering Works, who was duly licensed contractor under the provisions of Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act, 1970 ).

( 4 ) THE respondent No. 3 and 4 moved an application under Rule 25 (2) (v) (a) of the Rules, 1975 to the authority claiming that they were not being given wages as that of the other workmen employed by
















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