MANAGEMENT DISTRICT CONSUMERS CO-OPERATIVE WHOLE- SALE STORES LTD Vs. INSPECTOR OF LABOUR AUTHORITY UNDER T N INDUSTRIAL ESTABLISHMENTS

JUDGEMENT

(1.) HEARD the arguments of the learned counsel for the parties and have perused the records.

(2.) THE petitioner is the Co-operative Society and it is running a District Consumer Co-operative Wholesale Stores Limited at Salem. THEy are having five godowns at Salem. Those five godowns are grosseries, packing, cosmetics, stationery, LPG, and empty carton stores. For the purpose of loading and unloading operation of goods from the godowns, they are engaging many workers. However, the wages for these workmen were paid in the name of the second respondent and he was made to appear as if he was the loading and unloading contractor. But he does not have a licence to be a contractor under the Contract Labour (Regulation and Abolition) Act [for short, 'CARA Act']. Even the petitioner store, being the principal employer, was not licenced.

(3.) BEFORE the authority, documents were filed. They also recorded evidence of the contesting respondents who filed affidavits setting forth the details regarding their employment. On their behalf, the second respondent was examined as a witness, who was cross-examined by the petitioner stores. On behalf of the petitioner Management, their Office Manager was examined.