AIR 2001 SUPREME COURT 1165 ::2001 AIR SCW 929 ::2001 LAB. I. C. 1108 ::2001 Lab LR 305 ::(2001) 2 MahLR 431 ::2001 (1) UJ (SC) 528 ::2001 (1) CurLR 754 ::(2001) 89 FacLR 163 ::2001 (1) LabLJ 1063 ::2001 SCC (L&S) 520 ::(2001) 2 Scale 152 ::(2001) 98 FJR 632 ::(2001) 2 Lab LN 19 ::(2001) 2 SCT 233 ::2001 (5) ServLR 1 ::2001 (1) LRI 766 ::2001 (2) Supreme 112 ::2001 (3) SCC 101 ::(2001) 2 Bom CR 822 ::2001 (3) SRJ 453 ::(2001) 3 JT 49 (SC) ::2001 (3) JT 49

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. Rajendra Babu, S. N. Phukan , JJ

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (1 of 1972) , S.28, S.7— Contract Labour (Regulation and Abolition) Act (37 of 1970) , S.10— Industrial Disputes for abolition of Contract Labour System - Tenability - Contract labour in process of house-keeping and maintenance of premises of factory - Complaint alleging unfair labour practice on grounds of depriving contract workmen status of permanent workmen - Workmen engaged by employer factory through contractor - Employer factory not treating workmen as its employees and denied relationship of employer-employee between them - Complaint before labour Court/industrial Court under Maharashtra Prevention of Unfair Labour Practises Act, not tenable - Matter of abolition of contract labour system can be agitated under provisions of Contract Labour Abolition Act. If employees are working under a contract covered by Contract Labour (Regulation and Abolition) Act, 1970 then it is clear that Labour Court or industrial adjudicating authorities under Maharashtra Prevention of Unfair Labour Practices Act 1971 cannot have any jurisdiction to deal with the matter as it falls within the province of an appropriate Government to abolish the contract labour system. If the case put forth by the workmen is that they have been directly employed by the appellant-company but the contract its....