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2022 Supreme(UK) 224

MANOJ KUMAR TIWARI
Bharat Heavy Electricals Limited – Appellant
Versus
Rajendra Singh @ Rajendra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.K. Kohli, Senior Advocate, assisted by Mr. Kanti Ram Sharma, Adv.
For the Respondent:Mr. T.A. Khan, Senior Advocate, assisted by Mohd. Hasnain Raza,
Adv.

JUDGMENT :

Since common questions of law and fact are involved in both writ petitions, therefore, these are being taken up and decided together by this common judgment. However, for the sake of brevity, facts of WPMS No. 369 of 2021 are being referred.

2. These petitions have been filed by Bharat Heavy Electricals Limited, Haridwar challenging the orders dated 28.10.2020 passed by the Deputy Chief Labour Commissioner (Central), Dehradun. By the said orders, the applications filed by private respondents under Rule 25(2)(v)(a) of Contract Labour (Regulation & Abolition) Central Rules 1971 (for short, hereinafter referred to as ‘1971 Rules’) have been disposed of by recording a finding that nature of duties and responsibilities of the private respondents are similar to those performed by regular Malis serving in Bharat Heavy Electricals Limited.

3. Bharat Heavy Electricals Limited has challenged the aforesaid orders passed by Deputy Chief Labour Commissioner (Central), Dehradun by invoking supervisory jurisdiction of this Court under Article 227 of the Constitution.

4. Respondents are contract labours who have been engaged to perform duties of Mali in the establishment of Bharat Heavy Ele

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