BARAT FRITZ WERNER LTD. versus STATE OF KARNATAKA

BARAT FRITZ WERNER LTD. versus STATE OF KARNATAKA

The notification prohibiting employment of contract labour in industrial canteens of factories employing 250 workers or more is valid, as canteen work is a welfare measure incidental and necessary to the main operation of the establishment, and is covered by 'process, operation or other work' under Section 10 of the Contract Labour Act.

Parties
Petitioner: Barat Fritz Werner Ltd.; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
02 February 2001
Procedural Posture
Special Leave Petition (civil) / Final Judgment on Challenge to Government Notification
Outcome
Petitions dismissed
Legal Topics
Contract Labour, Industrial Canteens, Validity of Government Notification, Interpretation of Welfare Provisions
Labour Law Contract Labour Industrial Canteens Validity of Government Notification Interpretation of Welfare Provisions

Case Brief

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Parties

Barat Fritz Werner Ltd.

Petitioner

State of Karnataka

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Judgment on Challenge to Government Notification

Legal Issues

  1. 1 Whether prohibition of employment of contract labour in industrial canteens and factories employing 250 workers or more under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970 is valid
  2. 2 Whether canteen workers are covered as 'workers' under the Factories Act, 1948
  3. 3 Scope of 'process, operation or other work' in Section 10(2) of the Contract Labour Act

Ratio Decidendi

The notification prohibiting employment of contract labour in industrial canteens of factories employing 250 workers or more is valid, as canteen work is a welfare measure incidental and necessary to the main operation of the establishment, and is covered by 'process, operation or other work' under Section 10 of the Contract Labour Act.

Court Disposition

Petitions dismissed

Orders

  • Challenge to notification fails; notification upheld
  • No costs awarded