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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
C AND M.D. TS GENCO AND ANO. – Appellant
Versus
REGISTRAR INDUSTRIAL TRIBUNAL AND 11 ORS. – Respondent
HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 33722 OF 2016
O R D E R:
The case of petitioners - TSGENCO is that Respondents 2 to 12 were alleged to have been working as contract labour engaged by a Contractor - M/s FABCONS, Paloncha in Kothagudem Thermal Power Station (KTPS) on the work of annual maintenance of Vapour Fans and Worm Conveyors. The State Government issued G.O.Ms.No. 41, dated 23-09-1996 prohibiting employment of contract labour in 33 categories in APSEB in exercise of powers conferred under Section 10 (I) of the Contract Labour (Regulation & Abolition) Act, 1970 and declaring that orders for absorption of workers would be issued by the department concerned. In terms thereof, the then APSEB issued guidelines for abolition of contract labour working in 33 categories in various generating stations vide B.P.Ms. No. 37, dated 18-05-1997. Subsequently, further instructions were issued vide B.P.Ms. No. 260, dated
19-12-1997 a
The court confirms that eligibility for absorption of contract workers must be evaluated against their documented employment in abolished categories under the Industrial Disputes Act and associated g....
The court confirmed that contract workers may directly approach the Tribunal for adjudication on employment claims, and held that previous contracts do not guarantee automatic absorption under the Co....
The central legal point established in the judgment is the requirement for contract labourers to comply with the terms and conditions stipulated for regularisation and permanent absorption, including....
The court upheld that a workman may file an industrial dispute directly with the Tribunal without government referral, affirming rights under legislative amendments pertaining to contract labour abso....
Court upheld that a direct industrial dispute application by a contract worker is valid and automatic absorption into the employer's establishment is not mandated but preference should be given for a....
The direct filing of an Industrial Dispute by workers under the amended provisions is valid; tribunals may direct absorption into employment if conditions allow, balancing legislative and judicial in....
The Labour Court's determination that a sham contract exists may classify workers as employees of the principal employer, thereby validating their claims for service conditions and protections under ....
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