BHARAT HEAVY ELECTRICALS LTD , HIGH PRESSURE BOILER PLANT REP BY ITS EXECUTIVE DIRECTOR Vs. STATE OF TAMILANDU; BHEL SOCIETY SANITARY WORKERS UNION; BHEL COMPLEX CO-OPERATIVE LABOUR CONTRACT SOCIETY LIMITED

JUDGEMENT

(1.) The petitioner is a Government of India undertaking Company and is having its unit at Thiruchirapalli. The Company has registered itself as a principal employer under the Contract of Labour (Regulation and Abolition) Act of 1970 and is engaged in the manufacture of High Pressure Boilers, Boiler Component, Balls and Auxiliaries etc.

(2.) The third respondent is a society known as "BHEL Complex Co-Operative Labour Contract Society Limited" governed by the Tamilnadu Co-operative Societies Act and the same is administered by a Board of Directors. Now it is understood that it is administered by A Special Officer duly appointed. The third respondent is one of the labour contractors of the petitioner Company and the services of the members of the third respondent are engaged by the petitioner for maintenance of its buildings like white washing, loading and unloading, sanitation and sweeping etc., in terms of Contract Labour (Regulation and Abolition) Act of 1970. The services of employees of the third respondent society are regulated by the third respondent society itself.

(3.) It is the further case of the petitioner that the petitioner never exercised control or supervision over the employees of the third respondent society who are engaged as contract labours by the petitioner.