BUILDERS ASSOCIATION OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) All these appeals are disposed of by this common order as they are arising out of the common judgment & order dated 8.2.1999 passed by the learned Single Judge of this Court (Coram : R. Balia, J) dismissing all the writ petitions filed by the appellants-petitioners.

(2.) Learned Counsel Shri Ramnandan Singh, appearing for the appellants-petitioners, firstly submitted that the Learned Single Judge has not considered the question as to whether there is relationship of employer and employees i.e. workers, who are engaged in a multi-tier system between the parties or not? He submitted that some of the appellants-petitioners are in construction of roads, buildings etc., and the workers who are employed by the builder for construction activity cannot be covered under the definition of Section 2(f) of the Act. This contention was never argued before the Learned Single Judge. Therefore, we have not permitted Mr.Ramnandan Singh to argue for the first time before this Court in Letters Patent Appeal.

(3.) Learned Counsel Shri Ramnandan Singh, however, tried to submit that he had argued this contention but unfortunately, the Learned Single Judge had not dealt with in his order. It appears from the common order passed by the Learned Single Judge of this Court in these matters that the same was pronounced in Open Court in presence of Mr.Ramnandan Singh. However, Mr.Ramnandan Singh submitted that he thought it not proper to make a mention to the Learned Single Judge to include this argument in his Lordship's order. We have specifically asked Mr.Ramnandan Singh to point out to us as to whether such a ground is raised by him in any of these appeals or not but no such contention was raised in the appeals to the effect that though he had raised the aforesaid contention before the Learned Single Judge, the same was not dealt with by the Learned Single Judge. It is unfortunate that at the time of hearing of the appeals, after a period of 4 years, this type of argument is sought to be advanced by Learned Counsel Shri Ramnandan Singh.