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Showing posts from March, 2023

Police is duty bound to provide necessary protection to workers, staffs, contract workers and the movement of vehicles: Madras High Court

  MADRAS HIGH COURT Hon'ble Mr. G. Chandrasekharan, J. W.P. No. 30379/2022, W.M.P. Nos. 29816 and 29817/2022, Dt/– 3-1-2023 M/s. Hindusthan National Glass & Industries Ltd. vs.   HIGHLIGHTS: ·          Police is duty bound to provide necessary protection to workers, staffs, contract workers and the movement of vehicles     ·          Protesters/workmen who are agitating for their rights or demands against the Management cannot indulge in preventing the free ingress and egress of other workmen, staff and contract workers, movement of raw materials, finished goods etc.   ·          Workers can protest after obtaining proper permission from the police. ORDER G. Chandrasekharan, J.–   1. This Writ Petition has been filed to direct the first and second respondent to provide a police protection to the petitioner's company in order to protect the property and life of the employees of the petitioner's company by preventing the members of th

If the contract is a sham or not genuine the workmen of contractor can claim to be employees of Principal Employer - Karnataka High Court

  The Hon’ble High Court of Karnataka Bengaluru in its order dated 23.02.2023 in Writ Petition No. 3788 of 2012 (L-RES) between Mysore Electricals Industries Ltd (Government of Karnataka undertaking) and Engineering and General Workers Union has ordered for treating the employees of the contractor as the employees of the principal employer. Further directed that the principal employer shall regularize their services subject to availability of the vacancies and in the event, there being no vacancy as and when vacancies arise. The principal employer shall give preference to the contract labourers, if they are found suitable by relaxing the condition as to the maximum age, as also academic qualification (source: Karnataka Employer’s Association)     Key Questions considered by the Hon’ble Court: (a) Whether an industrial dispute can be raised for abolition of the contract labour system in view of t