ATOFINA CATALYST (INDIA) LIMITED Vs. YADAV PRASAD

JUDGEMENT

(1.) This order shall dispose of seven, writ petitions, being W.P. No. 77541 of 2009(s), W.P. No. 7756/2009(s), W.P. No. 7757/2009(s), W.P. No. 7761/2009(s), W.P. No. 7762/2009(s), W.P. No. 7763/2009(s) and W.P. No. 7695/2009(s), as a common order dated September 11, 2009 passed by the Industrial Court is subject matter of challenge by the petitioners in all these petitions. For the. sake of convenience, the main order is being passed in W.P. No. 7695/2009(s).

(2.) The respondents in the writ petitions, namely Yadav Prasad, Mohan Jal, Bahadur Singh, 'Virendra Singh, Siddhulal, Gajendra Singh and Narain Singh, were engaged by petitioner No. 2-Nagi Contractor to work in the Factory of Atofina Catalyst (India) Ltd. (petitioner No. 1) in its manufacturing unit of chloride powder. It is not a matter of any dispute that the aforesaid industrial unit has employed more than one hundred employees.

(3.) The aforesaid workmen had approached the Labour Court under the provisions of M.P. Industrial Relations Act, 1960 (hereinafter referred to as the Act), claiming that although they were engaged by the contractor, but in essence, were working with the industrial unit run by petitioner No. 1-company and therefore, were entitled to equal pay for equal work, which the industrial unit was paying to its regular/permanent employees.