RAM SINGH AND ORS. versus UNION TERRITORY, CHANDIGARH AND ORS.

RAM SINGH AND ORS. versus UNION TERRITORY, CHANDIGARH AND ORS.

Without ascertaining through the industrial forum, factual aspects of inter se relationship between the Chandigarh Administration, the contractor, and the contract employees, no relief can be granted. Proper remedy is by way of industrial adjudication, not writ proceedings or before the Central Administrative Tribunal.

Source-derived case information.

Parties
Appellant: Ram Singh and Ors.; Respondent: Union Territory, Chandigarh and Ors.
Jurisdiction
India
Judgment Date
07 November 2003
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in Writ Petition After Prior Central Administrative Tribunal Proceedings
Outcome
Appeals dismissed
Legal Topics
Contract Labour, Employer Employee Relationship, Regularisation of Service, Industrial Adjudication, Jurisdiction of Tribunals
Labour Law Contract Labour Employer Employee Relationship Regularisation of Service Industrial Adjudication Jurisdiction of Tribunals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ram Singh and Ors.

Appellant

Union Territory, Chandigarh and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in Writ Petition After Prior Central Administrative Tribunal Proceedings

Legal Issues

  1. 1 Whether employees engaged through contractor for maintaining supply of electricity in government institutions are in fact employees of the principal employer and entitled to regularisation
  2. 2 Whether such claims are to be agitated before the Central Administrative Tribunal/High Court or before the industrial adjudicator
  3. 3 Whether the relationship of employer and employee exists in the facts of the case

Ratio Decidendi

Without ascertaining through the industrial forum, factual aspects of inter se relationship between the Chandigarh Administration, the contractor, and the contract employees, no relief can be granted. Proper remedy is by way of industrial adjudication, not writ proceedings or before the Central Administrative Tribunal.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed without prejudice to employees' rights to seek remedy through industrial adjudication in accordance with law as explained.
  • No order as to costs.