- (1.) What was the subject of the dispute decided by the Labour Court vide its Award dated 5.7.1996 in ADJ case No. 31/90 to 44/90 ? This is the question which we are required to answer in this civil appeal.
(2.) The facts giving rise to the civil appeal are as follows: Bharat Heavy Electricals Limited ("BHEL") is the company registered under the Companies Act, 1956 having its registered office at New Delhi. Respondents 1 to 14 herein moved the Conciliation Officer under Section 2-A of the Uttar Pradesh Industrial Disputes Act, 1947 ("the said 1947 Act") stating, that there was a principal employer; that K.P. Singh was a contractor under whom they were working as contract labour; that the services were unlawfully terminated w.e.f. 1.12.1988, and accordingly, the contractor should be asked to take them back in service with full back wages w.e.f. 1.12.1988.
(3.) On 19.7.1989 BHEL filed its reply before the Conciliation Officer inter alia stating that, respondents 1 to 14 herein were engaged by the contractor; that the contractor was engaged by BHEL; and, that there was no employer-employee relationship between BHEL on one hand and the said respondents on the other hand.;