MANAGEMENT OF ASHOK HOTEL Vs. THEIR WORKMEN

JUDGEMENT

(1.) This Letters Patent Appeal 'LPA' is directed against the judgment rendered by the learned Single Judge on 19/2/2013 in terms of which an Award rendered by the Industrial Tribunal 'Tribunal' has come to be upheld. In terms of the Award dtd. 5/10/2005, the petitioner-appellant was directed to frame a policy of regularisation in respect of the respondent workmen. Both the Tribunal as well as the learned Single Judge have essentially held against the appellant on the ground that the engagement of the respondent-workmen through a contractor was merely a ruse to overcome the obligations which would have stood attached in case it were to be recognized to be the principal employer.

(2.) For the purposes of evaluating the challenge which stands raised, it would be apposite to firstly take note of the reference which was made to the Tribunal by the appropriate government:-

(3.) The respondent-workmen pursuant to the dispute being referred to the Tribunal had filed a Statement of Claim in which the following allegations were levelled:-