MANAGEMENT OF NOURTH ESTERN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner is a company incorporated under the Companies Act having its Head Office in Delhi with different branches through out India. The present dispute relates to its branch at Guwahati.

(2.) THE petitioner company is engaged in the business of carrying goods by toad transport from one place to another. Its branch office at Guwahati has three godowns located in different places. As stated in the writ petition, the Management of the petitioner does not engage labourers. It has been stated that the labourers are engaged for loading and unloading goods by the contractors [directly and the Management never engages labourers on regular or permanent basis. It has further been stated that the same set of labourers work in different godowns including the godowns owned by the petitioner Management.

(3.) ON conclusion of the hearing, the learned Presiding Officer, Labour Court having answered the reference in favour of the respondent No. 2 by his award dated 28.11.2003, the Management invoked the writ jurisdiction of this Court by filing the instant writ petition.