N.T.P.C. & ORS versus BADRI SINGH THAKUR & ORS.

N.T.P.C. & ORS versus BADRI SINGH THAKUR & ORS.

The Division Bench of High Court was not justified in granting relief to contract labourers for absorption. The Single Judge correctly found that in absence of notification under Section 10 abolishing contract labour, respondents cannot be absorbed as regular employees, and cannot rely on M.P. Industrial Relation Act, 1960. Parliamentary law (Contract Labour Act, 1970) prevails due to Article 254.

Parties
Appellant: N.T.P.C.; Respondent: Sadri Singh Thakur
Jurisdiction
India
Judgment Date
11 August 2008
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of High Court
Outcome
Appeals allowed
Legal Topics
Contract Labour, Abolition of Contract Labour, Absorption of Workmen, Repugnancy Under Article 254
Labour Law Constitutional Law Contract Labour Abolition of Contract Labour Absorption of Workmen Repugnancy Under Article 254

Case Brief

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Parties

N.T.P.C.

Appellant

Sadri Singh Thakur

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of High Court

Legal Issues

  1. 1 Whether contract labourers employed through contractor are entitled to absorption as workmen in the Corporation
  2. 2 Whether the M.P. Industrial Relation Act, 1960 applies to Corporation vis-à-vis Contract Labour (Regulation and Abolition) Act, 1970
  3. 3 Effect of Article 254 on repugnancy between Parliamentary and State law

Ratio Decidendi

The Division Bench of High Court was not justified in granting relief to contract labourers for absorption. The Single Judge correctly found that in absence of notification under Section 10 abolishing contract labour, respondents cannot be absorbed as regular employees, and cannot rely on M.P. Industrial Relation Act, 1960. Parliamentary law (Contract Labour Act, 1970) prevails due to Article 254.

Court Disposition

Appeals allowed

Orders

  • Order of Division Bench of High Court set aside
  • Single Judge's order restored