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march 2002

Supreme Court of India · 2002-03-14

Nitinkumar Nathalal Joshi & Ors vs Oil & Natural Gas Corporation Ltd. & Ors

Citation / case number
AIR 2002 SUPREME COURT 1444
Court
Supreme Court of India
Petitioner
Nitinkumar Nathalal Joshi & Ors
Respondent
Oil & Natural Gas Corporation Ltd. & Ors
Author
K.G. Balakrishnan
Bench
S.N. Phukan, K.G. Balakrishnan

Judgment text excerpt

The appellants, employed as contract laborers (Boiler Operators) via a contractor for ONGC, sought direct employment following a government notification prohibiting contract labor in those specific posts under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970. The central legal issue is whether a notification prohibiting contract labor automatically entitles the affected workmen to be absorbed as direct employees of the principal employer. The Court examined the statutory framework to determine the consequences of such a prohibition on the employment status of the workers.

Nitinkumar Nathalal Joshi & Ors vs Oil & Natural Gas Corporation Ltd. & Ors · Niyam