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MANOJ KUMAR TIWARI
Bharat Heavy Electricals Limited – Appellant
Versus
Rajendra Singh @ Rajendra – Respondent
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
The main legal point established in the judgment is the statutory right conferred by Rule 25(2)(v)(a) of the 1971 Rules, which guarantees parity in wages and benefits to contract labours engaged with....
The Deputy Chief Labour Commissioner has jurisdiction to determine wage parity for contract workers performing similar work as regular employees under Rule 25(2)(v)(a) of the CL (R & A) Central Rules....
Appeal against order relegating contract labourers' equal wage claim to Industrial Disputes Act forum dismissed, as relegation stemmed from principal employer's own objection; liberty to contest juri....
A judgment contrary to the evidence or without evidence is perverse. Concession of counsel on such facts and law does not bind the party.Master-servant relationship.
it is difficult to extend minimum time scale to the petitioners as they were not engaged by respondent Nos. 4 to 11 either on contract basis or outsourcing basis.
Point of law: Labour Law – arrears of pay – Court need not advert to the submissions made on behalf of the management as the same would tantamount to adjudication of the controversy on merits.
The principle of 'equal pay for equal work' mandates that contract workers performing similar tasks to permanent employees receive the same remuneration and conditions, with the Labour Commissioner r....
Point of law : In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage....
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