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1984 Supreme(MP) 416

GULAB C.GUPTA
P C ADHIKARI – Appellant
Versus
MANAGER THE BRAITE WAITE BURN AND JOSSOP CONSTRUCTION CO LTD – Respondent


Advocates Appeared:
H.N.VYAS, O.P.NAMDEO, P.S.NAIR,

JUDGMENT :

( 1. ) THIS is a petition under Articles 226 and 227 of the Constitution of india, filed by 88 workers employed under respondent No. 1, who feel aggrieved by the order dated 13-3-1982 (Annexure-F), passed by the Authority under the Payment of wages Act, Durg, holding their application as non-maintainable and dismissing their case.

( 2. ) THE respondent No. 1 is a licensed contractor under the provisions of Contract labour (Regulation and Abolition) Act, 1970, Thereinafter referred to as the act) and engaged in executing a contract with the Hindustan Steel Works Construction Ltd. (hereinafter referred to as the h. S. W. C. L. ), Bhilai. The petitioners are employed by the respondent No. 1 in various works related to the said contract. It appears that the principal employer, i. e. H. S. W. C. L. , Bhilai, is also engaged in doing similar work by employing workers depart mentally. It further appears that the workers engaged by the principal employer depart mentally, are being paid higher wages than the petitioners. The petitioners thought that by virtue of a condition in the licence granted to the respondent No. 1 by the Authorities under the abovementioned Act, they are enti












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