SUPREME COURT OF INDIA

Before:- S. Saghir Ahmad and M. Jagannadha Rao, JJ.

I.A. No. 43 in I.A. No. 22 in W.P. No. 4677 of 1985 (with I.A .............in I.A. Nos. 43 and 22 in W.P. (C) 4677 of 1985) (with CONT.P. (C) 198/97 in I.A. No. 22 in W.P. (C) 4677/ 85) (Shyam Sunder Yadav vs. Gordhan Das Rathi Steels Ltd. and Ors.). D/d. 10.8.1998.

M.C. Mehta - Petitioner

Versus

Union of India and others Re: Contract Labourers In M/s. Shri Ram Food & Fertilizer - Respondents

Closure of Industry - Status of Employees - Industries closed in pursuance of Court's Order - List of 607 employees filed by dispute as to status of 607 employees specified in the list filed - Council - Industry stating that there were only 4&5 employees - Deputy Labour Commissioner will hold an enquiry - Deputy Labour Commissioner to hold an enquiry into the status of the employees and report whether they were direct employees of the factory or they were contract labourers and whether contractor was a mere camouflage.

[Para 1]

JUDGMENT

1. The dispute in this case has arisen as to the status of 607 employees specified in the list filed today by Mr. M.C. Bhandare, learned Senior counsel on their behalf. The counsel appearing on behalf of the industry states that there were only 485 employees in November, 1996 when the` industries were closed in pursuance of the Court's order. A list of those employees would be filed by the counsel within two weeks. Both the lists shall be furnished to Mr. P. Sharma, Deputy Labour Commissioner, who will hold an enquiry into the status of the employees and report whether they were direct employees of the factory or they were contract labourers and whether contractor was a mere camouflage. The duration and the nature of the work performed by those employees shall also be reported by the Deputy Labour Commissioner. The report shall be submitted within 2 months.

2. List after two months.

Contempt Petition (C) No. 198/1997

3. Mr. Surya Kant states that the brief has already been taken away by the contemnors from him. Since name has been shown as counsel for the respondent in the, cause list, Shri Surya Kant has stated that the matter may be adjourned to next week, so that the contemnors may be informed.

4. List on 24th August, 1998, as prayed for by the learned counsel for the parties.

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