GENERAL MANAGER, PANKI THERMAL POWER STATION AND ANOTHER, VIDUIT MAZDOOR SANGATHAN Vs. LABOUR COMMISSIONER, U.P., KANPUR AND ANOTHER, U.P. STATE ELECTRICITY BOARD AND OTHERS

JUDGEMENT

(1.) WRIT Petition No. 47303 of 1999 has been filed by the employers against the order dated 6.8.1999 of the Labour Commissioner under Rule 25(2) (v) (a) of U.P. Contract Labour (Regulation and Abolition) Rules, 1975 and the Writ Petition No. 13679 of 2000 has been filed by the workmen challenging the award dated 30.7.1999. The Writ Petition No. 47303 of 1999 came up for hearing before this Court which had been decided by this Court; on 11th July, 2003. The employer challenged the judgment of this Court dated 11th July, 2003 by means of Civil Appeal No. 1734 of 2004 before the Hon'ble Supreme Court. The Hon'ble Supreme Court by its judgment and order dated 14th September, 2005 has set aside the order of this Court and issued the following direction:

(2.) IN view of the aforesaid direction both these writ petitions are up for herring before this Court.

(3.) THE workmen have submitted before the Labour Commissioner that 118 workmen have been working in the Coal handling Plant of respondent No. 2 performing duties of the helper etc., but they have been engaged by the Contractor and they were performing regular duties since before the reference is made.