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2026 Supreme(UK) 160

HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Bharat Heavy Electricals Limited – Appellant
Versus
Rajendra Singh @ Rajendra – Respondent


Advocates Appeared:
For the Appellant :Ms. Pinky Anand, learned Senior Advocate, assisted by Mr. Lalit Belwal, A.K.Roy, Mr. Ashish Belwal and Mr. Virendra Mohan learned counsel
For the Respondent: Mr. T.A.Khan, learned Senior Counsel, assisted by Mr. Mohd. Shafy, learned counsel

Table of Content
1. contract labourers perform identical duties as permanent malis. (Para 1 , 2 , 3 , 4 , 5)
2. clra does not apply against principal employer. (Para 6)
3. appeal dismissed reserving jurisdictional plea for labour forum. (Para 7 , 8 , 9 , 10 , 11)

JUDGMENT :

Manoj Kumar Gupta, C.J.

1. Heard Ms. Pinky Anand, learned Senior Counsel, assisted by Mr. Lalit Belwal, learned counsel for the appellants and Mr. T.A.Khan, learned Senior Counsel, assisted by Mr. Mohd. Shafy, learned counsel for the respondents.

2. The appeal is beyond time by 380 days. Although the appeal is highly belated as there is no satisfactory explanation for the delay, however, on persuasion of learned Senior Counsel appearing for the appellants, we also examined the order of the learned Single Judge dated 30.08. 2022, which reads as follows:

“Mr. T.A. Khan, Senior Advocate, assisted by Mohd. Shafy, Advocate, holding brief of Mr. Vinay Bhatt, Advocate for the petitioners.

Mr. V.K. Kohli, Senior Advocate, assisted by Mr. Kanti Ram Sharma, Advocate, holding brief of Mr. I.P. Kohli, Advocate for respondents.

Heard learned counsel for the parties.

Petitioners are contract employees engaged to discharge duty as Mali

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