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2023 Supreme(Online)(DEL) 5174

HIGH COURT OF DELHI
INDIAN OIL CORPORATION LTD. – Appellant
Versus
UOI & ORS – Respondent


J U D G M E N T

NAJMI WAZIRI, J.

W.P.(C) 426/1999, CM APPL. 3225/2000, CM APPL. 5764/2004, CM APPL. 1809/2012, CM APPL. 51973, CM APPL.42801/2022 & CM APPL.43224/2022

1. The petitioner challenges the legality and validity of the notification dated

09.11.1998, issued by the Union of India, under section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970, prohibiting the employment of contract labour in various departments of Mathura Refinery and Marketing Division of the Petitioner at Mathura (“Impugned Notification”), on the ground, inter-alia, that it is based on irrelevant considerations and without taking into account relevant factors.

CIRCUMSTANCES LEADING TO THE ISSUANCE OF IMPUGNED NOTIFICATION

2. Mathura Refinery was commissioned in 1981-82 to meet the demand of petroleum products in north-western region of India and to provide employment and development in this “less developed” region. During the construction phase of the refinery, large number of workmen had been employed through various contractors, in various departments of refinery. In 1985, the petitioner retrenched 48 contract workers through their respective contractors. A union named „The Mathura Refinery

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