NATIONAL THERMAL POWER CORPORATION LTD. versus KARRI POTHURAJU AND ORS.

NATIONAL THERMAL POWER CORPORATION LTD. versus KARRI POTHURAJU AND ORS.

Appellant's statutory duty under Section 46 of Factories Act, 1948 to maintain canteen makes canteen workers, including those engaged by contractor, part of the appellant's establishment and eligible for regularisation. In view of Division Bench order, appellant may assess eligibility but cannot deny regularisation outright.

Parties
Appellant: National Thermal Power Corporation Ltd.; Respondents: Karri Pothuraju and Ors.
Jurisdiction
India
Judgment Date
13 August 2003
Procedural Posture
Civil Appeal / Appeal From Division Bench of Andhra Pradesh High Court
Outcome
Appeal dismissed
Legal Topics
Regularisation of Canteen Workers, Statutory Obligation Under Factories Act, Contract Labour
Labour Law Industrial Law Regularisation of Canteen Workers Statutory Obligation Under Factories Act Contract Labour

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

National Thermal Power Corporation Ltd.

Appellant

Karri Pothuraju and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench of Andhra Pradesh High Court

Legal Issues

  1. 1 Whether canteen workers engaged through contractor are entitled to regularisation as employees of the appellant under statutory obligation of Factories Act, 1948

Ratio Decidendi

Appellant's statutory duty under Section 46 of Factories Act, 1948 to maintain canteen makes canteen workers, including those engaged by contractor, part of the appellant's establishment and eligible for regularisation. In view of Division Bench order, appellant may assess eligibility but cannot deny regularisation outright.

Court Disposition

Appeal dismissed

Orders

  • Division Bench order of High Court affirmed; appellant to regularise eligible canteen workers after assessing fitness and eligibility.