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2003 Supreme(All) 713

B.S.CHAUHAN
KAMLESH RAI – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT – Respondent


Advocates Appeared:
M.K.SHUKLA, S.A.Murtaza, S.K.BANERJEE

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed against the no claim award dated 31. 5. 1999, passed by the labour Court, Varanasi, published on 14. 10. 1999.

( 2 ) FACTS and circumstances giving rise to this case are that the petitioner workman raised the industrial dispute, and the appropriate Government in exercise of the powers under Section 4k of the Industrial Disputes Act, 1947 (hereinafter called Act, 1947) vide order dated 26th July, 1997 made a reference as to whether the termination of the services of the workman w. e. f. 17. 4. 1995 was in accordance with law, and if not to what relief he was entitled to? In pursuance of the said reference petitioner workman filed a claim petition contending that respondent No. 2 jal Sansthan was the principal employer and he was employed as a gun man for security purpose on 3rd April, 1992 through the Director of M/s. Smart Ex Serviceman Security. His work was satisfactory as a Watchman/guard and he had worked under the direct control and supervision of the respondent No. 2. His salary was paid through the contractor. The agreement between the principal employer and the contractor was sham and thus the respondent No. 2 had be




































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