Case Note & Summary
The appellant and respondent Nos. 4-6 were workers who had been rendering services through a contractor with the Ordinance Factory Board for about 25 years. They filed an Original Application (OA No. 159 of 2013) before the Central Administrative Tribunal (CAT), Calcutta, seeking regularization of their services. The Tribunal dismissed the OA on 23.05.2013. Aggrieved, they filed a writ petition (WPCT No. 82 of 2015) before the Calcutta High Court, which also dismissed the petition, holding that their remedy lay in approaching the Central Government to make a reference to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947. The Supreme Court, upon hearing the parties, upheld the High Court's decision. The Court observed that the nature of the controversy involved factual disputes regarding the employment relationship and regularization, which cannot be adjudicated in a writ petition or before the Tribunal. The appropriate forum is the Industrial Tribunal, which can examine evidence and facts. The Court dismissed the appeal but clarified that if a reference is made, the Industrial Tribunal shall decide the matter uninfluenced by any observations made in these proceedings.
Headnote
A) Industrial Law - Regularization of Contract Labour - Remedy under Section 10 of Industrial Disputes Act, 1947 - Workers employed through contractor for 25 years sought regularization before CAT and High Court - Held that the appropriate remedy lies in seeking a reference to the Industrial Tribunal under Section 10 of the ID Act, as factual disputes cannot be adjudicated in OA or writ petition (Paras 7-11).
Issue of Consideration
Whether the Tribunal and High Court were justified in dismissing the OA and writ petition seeking regularization of services of contract workers.
Final Decision
The Supreme Court dismissed the appeal, holding that the remedy lies in seeking a reference to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947. The Court clarified that if a reference is made, the Industrial Tribunal shall decide the matter uninfluenced by any observations made in these proceedings.
Law Points
- Industrial Disputes Act
- 1947
- Section 10
- Reference to Industrial Tribunal
- Regularization of Contract Labour
- Jurisdiction of CAT and High Court
