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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
N. Vadivel – Appellant
Versus
Management of India Cements Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of engagement termination and claims (Para 1 , 2 , 3) |
| 2. parties arguments on section 25-o and maintainability (Para 5 , 6) |
| 3. section 33c requires pre-existing right or entitlement (Para 7 , 8 , 9 , 10) |
| 4. no employer-employee relation appeal dismissed with costs (Para 12 , 13 , 14 , 15) |
The writ order dated 03.08.2023 passed in W.P. No. 25872 of 2018 is under challenge in the present writ appeal.
2. The appellants herein are the workmen claiming wages under Section 33C(2) of the Industrial Disputes Act, 1947 (for brevity, hereinafter referred to as the ‘Act’). The appellants/workmen were engaged by the writ petitioner, who is the 1st respondent / Management through the 2nd respondent/ registered contractor as contract labourers under the Contract Labour (Abolition and Regulation) Act, 1970. They were working as Mazdoor and were not absorbed even though they entered service in the year 1978.
3. Admittedly, the 1st respondent / management terminated the contract of the 2nd respondent/ registered contractor through letter dated 04.11.1998, and in-turn the 2nd respondent/ registered contractor terminated the services of the appellants/workmen through
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