M/S PARADEEP PHOSPHATE LTD. versus PARADEEP PHOSPHATE MAZDOOR UNION & ORS.
Questions previously adjudicated in writ petitions cannot be re-agitated due to res judicata; once notification abolishing contract labour is issued, the company is bound to implement it and regularize affected workers.
- Parties
- Appellant: M/S Paradeep Phosphate Ltd.; Respondents: Paradeep Phosphate Mazdoor Union & Ors.
- Jurisdiction
- India
- Judgment Date
- 26 August 2014
- Procedural Posture
- Civil Appeal / Final Disposition at Supreme Court
- Outcome
- appeals dismissed
- Legal Topics
- Contract Labour, Regularisation of Employees, Res Judicata, Jurisdiction of Appropriate Government
Case Brief
Summary, issues, holding and outcome
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Parties
M/S Paradeep Phosphate Ltd.
Appellant
Paradeep Phosphate Mazdoor Union & Ors.
Respondents
Procedural Posture
Civil Appeal / Final Disposition at Supreme Court
Legal Issues
- 1 Whether Paradeep Phosphate Ltd. is obliged to regularize workers following abolition of contract labour.
- 2 Whether the State Government is the 'appropriate government' for issuing the notification under the Contract Labour (Regulation and Abolition) Act, 1970.
- 3 Whether the appellant can re-agitate questions settled in earlier writ petitions due to principles of res judicata.
Ratio Decidendi
Questions previously adjudicated in writ petitions cannot be re-agitated due to res judicata; once notification abolishing contract labour is issued, the company is bound to implement it and regularize affected workers.
Court Disposition
appeals dismissed
Orders
- Appellant directed to implement notification abolishing contract labour and regularize the service of specified workmen.
Full Case Text
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