Dismissed

Akhil Bharatiya Safai Mazdoor Sangha and Anr. v. the Union of India and 5 Ors.

Gauhati HC2 Jan 2023WP(C)/814/2018

Case brief

AI extract

What is this about?

A writ petition concerning contract labour conditions under the Central Rules was filed. The petitioners submitted the petition was withdrawn but reserved their right to approach appropriate authorities. The court consistently dismissed the petition on withdrawal.

What did the court decide?

Writ petition dismissed on withdrawal; withdrawal does not preclude approaching appropriate authority for grievances.

Akhil Bharatiya Safai Mazdoor Sangha and Anr. Vs the… — Service and Employment | Gauhati HC (2023)

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GAHC010022992018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/814/2018

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AKHIL BHARATIYA SAFAI MAZDOOR SANGHA AND ANR. BHARAT NAGAR ROAD, BANDRA (EAST) MUMBAI- 400, MAHARASTRA

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2: SANDIP KUMAR SINGH S/O- SRI BIRENDRA SINGH R/O- A TYPE 502 NEAR DULIAJAN BIHUTOLI P.O- DULIAJAN DIST- DIBRUGARH PIN- 78660

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VERSUS

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THE UNION OF INDIA AND 5 ORS. TO BE REP. BY THE SECRETARY TO THE MIN OF POWER, NEW DELHI

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2:CHAIRMAN CUM MANAGING DIRECTOR NEEPCO LTD LOWER NEW COLONY SHILLONG MEGHALAYA PIN- 793003

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3:GENERAL MANAGER(HR) NEEPCO LTD LOWER NEW COLONY SHILLONG MEGHALAYA PIN- 793003

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4:CHIEF GENERAL MANAGER

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ASSAM GAS BASED POWER PROJECT(AGBPP) AN UNIT OF THE NEEPCO LTD BOKULONI

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P.O- BOKULONI CHARIALI DIST- DIBRUGARH ASSAM PIN- 786191 5:PROJECT HEAD ASSAM GAS BASED POWER PROJECT AN UNIT OF THE NEEPCO LTD BOKULONI P.O- BOKULONI CHARIALI DIST- DIBRUGARH ASSAM PIN- 786191 6:THE DEPUTY COMMISSIONER DIBRUGARH DIST- DIBRUGARH ASSAM PIN- 78600

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Advocate for the Petitioner : MR I RAFIQUE

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 02.01.2023

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Heard Mr. M.K. Sharma, the learned counsel appearing on behalf of the petitioners, Mr. R.K. Dev Choudhury, the learned Deputy Solicitor General appearing on behalf of the respondent No. 1, Mr. D.Senapati, the learned counsel appearing on behalf of the respondent Nos. 2 to 5 and Mrs. S. Baruah, the learned counsel appearing on behalf of the respondent No. 6.

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The learned counsel appearing on behalf of the petitioners submits that in terms with Rule 25(2) (v) (a) of the Contract Labour (Regulation and Abolition) Central Rules, 1971, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly

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appointed by the principal employer of the establishment on the same or similar kind of work and if there is a disagreement with regard to the type of work the same shall be decided by the Deputy Chief, Labour Commissioner (Central). Further in terms with Rule 25(2) (v) (b), it has been further stipulated that in other cases, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be such as may be specified in that behalf by the Deputy Chief, Labour Commissioner (Central). In that view of the matter, the learned counsel submits that he is not pressing the instant writ petition. The learned counsel, however, submits that withdrawal of the instant writ petition shall not preclude the petitioners avail such remedies as available under law.

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Taking into account the said submission, the instant petition stands dismissed on withdrawal. However, the withdrawal of the writ petition shall not preclude the petitioners to approach the appropriate authority for ventilating the grievances (if any) and subject to being permissible under law.

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JUDGE

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Comparing Assistant

Akhil Bharatiya Safai Mazdoor Sangha and Anr. v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Akhil Bharatiya Safai Mazdoor Sangha and Anr. v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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