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2015 Supreme(Tri) 104

DEEPAK GUPTA, S.C.DAS
Swapan Kumar Paul – Appellant
Versus
Oil & Natural Gas Corporation Ltd – Respondent


Advocates:
Advocate Appeared:
For the appellant:Mr. A K Bhowmik, Sr. Advocate, Mr. R Dutta, Advocate.
For the respondents:Mr. P B Dhar, Advocate.

JUDGMENT :

Deepak Gupta, J.

By means of this appeal, the appellant has challenged the judgment dated 31st July, 2014 passed by a learned single Judge of this Court in WP(C) 221 of 2008.

2. Briefly stated, the facts of the case are that the petitioner was providing employees on contract to the Oil & Natural Gas Corporation Ltd. (hereinafter referred to as ‘ONGC’) and working as a contractor of the ONGC. He entered into two contracts for providing vehicles to the ONGC. The periods of these contracts were from the year 1996 to 1999.

3. The conditions of the contract with which we are concerned read as follows :

“Clause 4.14 : The contractor shall be responsible to comply with all the statutory, regulations, Bye-laws including, but not limited to M.V. Act, Shops & Commercial Establishment Act, Labour Laws etc. and for payment of any Taxes, Duties, Levis etc. and will be solely responsible for any breach of any of the applicable Act, Rules, Regulations, Notifications etc. and shall keep ONGC absolutely indemnified against any action arising from any non-compliance as aforesaid.

Clause 4.22 : The contractor shall be responsible to comply with the provision of E.P.F. & M.P. Act,












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