J LOGANATHAN Vs. PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) HEARD Mr.N.D.Bahety, learned counsel for the petitioner and Mr.Sanjay Mohan representing for M/s.Ramasubramaniam Associates for the 2nd respondent.

(2.) THE petitioner has filed the present Writ Petition seeking to challenge an award passed by the 1st respondent Labour Court in I.D.No.876 of 1993 dated 3.3.2004. THE petitioner's Industrial Dispute was tried along with other Industrial Disputes by the other workmen being I.D.Nos.867 to 871, 874, 876, 880 and 883 of 1993. THE Labour Court conducted joint trial of all I.Ds and finally by the impugned award dated 3.3.2004, the disputes were dismissed and by declining to grant any relief to the workmen, who were riggers, the petitioner has come forward to file the present Writ Petition.

(3.) ON notice from the Labour Court, the 2nd respondent had filed a counter statement dated 5.6.1999 in each of the claim statement. In the counter statement, they had stated that they are engaging several persons as Contractors and the provisions of Contract Labour (Abolition and Regulation) Act would apply to them. The 2nd respondent is only a principal employer and he had nothing to do with the persons like the petitioner. It is also stated that the management did not appoint them on the date engaged by them and that there was no master and servant relationship between the principal employer and the management. In para 10 of the counter, it is stated that the said Loganathan was never an employee of the company and he is the Registered Contractor used to supply labour for carrying out the work for the principal employer and the said contract was carried on in the name and style of M/s.Jayalakshmi Engineering Contractors, which is the registered Contractor under the provisions of the Contract Labour (Abolition and Regulation) Act.