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2022 Supreme(Online)(MAD) 28925

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
ABI Showatech (India) Ltd – Appellant
Versus
The Joint Director of – Respondent


ORDER

The writ petitions on hand has been instituted challenging the order dated

17.05.2016 passed by the Joint Director of Industrial Safety and Health under the Provision of Conferment of Permanent Status Act.

2.The petitioner is Brakes India Private Limited. The petitioner is engaged in the manufacture of Grey Iron Castings for Automobile Brake Assembly. The petitioner has a registered itself as a principal employer under the provisions of the Contract Labour (Regulation and Abolition) Act. The petitioner has engaged contractors who have obtained license under the provisions of Contract Labour (Regulation and Abolition) Act. These contractors supply labourers to the petitioner.

3.The 1st respondent issued summons as an authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. The petitioner Company filed its preliminary objection on

15.03.2016 and an additional preliminary objection on 24.03.2016 & 07.04.206 respectively, contending that the respondents workmen were never in the role of employment of the petitioner Company and they were employees of the licensed contractors and therefore, the petition under the Provision of Confe

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