SANKAR MUKHERJEE AND ORS. versus UNION OF INDIA AND ORS.

SANKAR MUKHERJEE AND ORS. versus UNION OF INDIA AND ORS.

There is no justification for excluding loading and unloading of bricks in the brick department from the purview of the notification; such exclusion is discriminatory as the jobs are allied, incidental and of perennial nature, violating Article 14.

Source-derived case information.

Parties
Petitioner: Sankar Mukherjee and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
16 November 1989
Procedural Posture
Writ Petition (civil) No. 2123 of 1982 / Original Jurisdiction, Final Judgment
Outcome
Petition allowed
Legal Topics
Contract Labour, Abolition of Contract Labour, Equality Before Law, Discrimination
Labour Law Constitutional Law Contract Labour Abolition of Contract Labour Equality Before Law Discrimination

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Parties

Sankar Mukherjee and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 2123 of 1982 / Original Jurisdiction, Final Judgment

Legal Issues

  1. 1 Validity of exclusion of loaders in brick department from State notification abolishing contract labour
  2. 2 Whether exclusion violates Article 14 of the Constitution of India

Ratio Decidendi

There is no justification for excluding loading and unloading of bricks in the brick department from the purview of the notification; such exclusion is discriminatory as the jobs are allied, incidental and of perennial nature, violating Article 14.

Court Disposition

Petition allowed

Orders

  • Words 'except loading and unloading of bricks from wagons and trucks' in paragraph 9 of the notification struck down as discriminatory and violative of Article 14.
  • Petitioners and co-workers to be treated at par with effect from notification date with those doing cleaning and stacking in the brick department.