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6
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FERRO
ALLOYS CORPN LTD
Vs
GOVERNMENT
OF A.P LABOUR DEPT
2000(4)
LLN 99 [HC-AP]
|
1
2
3
|
GOVERNMENT
OF AP ISSUED AN ORDER UNDER S-10
OF THE CONTRACT LABOUR ACT
BANNING CONTRACT LABOUR IN CANTEENS
OF ALL
FACTORIES EMPLOYING 250 WORKERS.
THE
AP LABOUR AUTHORITIES INSISTED
THAT THIS BAN ORDER IS
APPLICABLE TO ALL FACTORY
CANTEENS INCLUDING CANTEENS RUN
BY CENTRAL PUBLIC SECTOR
COMPANIES
IS
THE AP GOVERNMENT ORDER
APPLICABLE TO CENTRAL PSU
FACTORY CANTTENS ?
|
1
2
|
AP
GOVERNMENT IS NOT THE
APPROPRIATE GOVERNMENT FOR
CENTRAL PUBLIC SECTOR
UNDERTAKINGS UNDER THE CONTRACT
LABOUR ACT
HENCE
ITS BAN ORDER UNDER SECTION (10)
OF THE CONTRACT LABOUR ACT IS
NOT ENFORCEABLE ON CENTRAL
PUBLIC SECTOR UNDERTAKINGS
Note
:
NO
STATE GOVERN-MENT
CAN ISSUE ORDERS FOR BANNING
CONTRACT LABOUR IN CENTRAL
PUBLIC SECTOR UNDERTAKINGS
UNLESS THE LAW IS AMENDED TO
MAKE THEM THE APPROPRIATE
GOVERNMENT FOR CENTRAL
UNDERTAKINGS ALSO.
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7
|
INTERNATIONAL
AIRPORT AUTHORITY EMPLOYEES
UNION
Vs
INTERNATIONAL
AIRPORT AUTHORITY OF
INDIA
[FLR
2001(88) 537 SC]
|
1
2
|
CAN
THE CONTRACT SWEEPERS EMPLOYED
IN THE CAR PARKS OF THE AIRPORTS
CLAIM REGULARISATION BASED ON
THE AIR INDIA JUDGEMENT BANNING
CONTRACT LABOUR ON CLEANING AND
SWEEPING OF BUILDINGS OWNED BY
CENTRAL GOVERNMENT
ESTABLISHMENTS ?
WILL
THE CAR PARKS FORM PART OF THE
BUILDINGS TO WHICH THE 1976 BAN
ORDER APPLIES ?
|
1
2
|
BUILDING
IN ITS ORDINARY SENSE WOULD
INCLUDE APPURTENANCES TO THE
BUILDING
ACCORDINGLY
THE CAR PARKS OF THE AIRPORT
WILL ALSO FORM PART OF THE
BUILDINGS TO WHICH THE 1976 BAN
ORDER ON DEPLOYMENT OF CONTRACT
LABOUR ON CLEANING AND SWEEPING
WOULD BE APPLICABLE.
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