JAMSHEDPUR CONTRACTORS WORKS UNION Vs. STATE OF BIHAR
LAWS(SC)-1990-8-3
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on August 22,1990

Jamshedpur Contractors Works Union Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.)Special leave granted.
(2.)We have heard Mr Garg for the appellant, Mr Chidambaram for the principal employer and Mr Venugopal for the respondent-Union.
(3.)A reference was made by the State government of Bihar under S. 10 of the Industrial Disputes Act to the Industrial Tribunal, Ranchi, on 9/07/1981 referring the following disputes for adjudication:
(1 Whether the contract workers engaged by the Management of the Tata Iron and Steel Company Ltd. , Jamshedpur in the permanent and regular nature of work before 11/02/1981 are entitled for permanent employment

(2 Transportation of materials within the plant which is not dependent on outside supply;

(3) All processes connected with the manufacturing process;

(4 Removal and handling of waste product; and

(5 Sweeping and cleaning the machines, conveyors, shops and offices. The tribunal by its award dated 18/12/1984 came to hold that the workmen constituted the contract labour and, therefore, the reference was not maintainable. It further held that action, if any, had to be taken only under S. 10 of the Contract Labour (Regulation and Abolition) Act, 1970 and the power to take steps under the statutory provision vested in the State government and not in the tribunal.

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