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A Critical Analysis of the Award Remedy Under the Contract Labour (Regulation and Abolition) Act, 1970

By R. Krishna Murali

Published In

LAB IC 2012

The purpose of this paper is to argue that the award remedy, as propounded by the Supreme Court in the case of Gujarat Electricity Board, Thermal Power Station, Ukai v. Hind Mazdoor Sabha & others, 1995 II LLJ 790 (SC) (hereinafter referred to as the Gujarat case) is the best legally and technically feasible option, to answer the vexed and controversial question, as to what would happen, when the appropriate Government after complying with the requirements of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the ‘Act’) decides to abolish the contract labour! The remedy provided by the Supreme Court in the case of Air India Statutory Corporation v. United Labour Union, AIR 1997 SC 645 (hereinafter referred to as Air India case), that after the abolition of contract labour, the contract labourers would become the direct employees of the principal employer, it will be argued is not legally the correct approach, notwithsta ....

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