OSWAL PETROCHEMICALS Vs. GOVERMENT OF MAHARASHTRA

JUDGEMENT

(1.) THIS Letter Patent Appeal filed by the petitioner (hereinafter referred to as "original respondent No. 2") against the Respondents of Whom the respondent No. 2 is Hotel Labour Union (Red Flag) (hereinafter referred to as "the original complainant" ).

(2.) THE brief facts of the case are as under:

(3.) BEING aggrieved by order dated 19. 11. 1996 passed by the Industrial Court, respondent No. 2 filed Writ petition, being Writ Petition No. 1686 of 1997. The said writ petition came up before the Single Judge of this court on 2nd July 1997 and was disposed of at the stage of admission itself by consent of parties. The Learned single Judge accepted tha CONtention of respondent No. 2 that the direction to THE respondents to aboliwh the contract system to run the canteen by respondent No. 1 should not have been given as contract labour could be abolished only by the appropriate government under Section 10 of the Contract Labour (Regulation and Abolition) Act. The learned Single Judge however held that the notification issued under rules framed under section 46 of the Factories Act, 1948 in respect of Carbide Chemicals company mas binding on its successors. The learned Single judge also concluded that there mas a breach of an agreement within the meaning of item no. 9 of Schedule iv. Consequently, the learned Single Judge dismissed the writ Petition.