MOHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the instant writ petition seeking directions for grant of following reliefs:-

(2.) It appears from the averments made in the writ petition that Indian Institute of Technology, Mandi, has been exempted under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and consequently, it engages manpower for different works through Outsourcing Agency, some of whom have been impleaded as respondents No. 5 to 7. It further appears from the averments that the petitioner was also engaged to work as a Labourer in the Horticulture Department of IIT Mandi through the Outsourcing Agency in the year 2014. From the averments, it is also revealed that the annual contract of providing manpower has been exchanging hands, but the petitioner has remained employed through one or the other Outsourcing Agency. As the petitioner appears to have not been paid bonus in accordance with the provisions of the Payment of Bonus Act, 1965, he made a complaint to the Authorities, including the Labour Commissioner (Central), Chandigarh. During the course of conciliation proceedings held between the petitioner and the IIT Mandi/its Outsourcing Agency, the petitioner was advised on 11/9/2018 (Annexure P-15) to raise a formal 'industrial dispute' against non-payment of the bonus, however, he opted to withdraw the complaint to pursue the matter before "another Authority".

(3.) Thereafter, the instant writ petition has been filed seeking the reliefs as reproduced above.