Can the employees engaged by the contractor make a demand upon the employer to take them on the muster roll? Whether the appropriate government, on a dispute raised by such employees, can make a reference to the labour court or the industrial tribunal for adjudication to this effect?
After the Supreme Court decision in Veg oils(P)Ltd., (AIR 1972 SC 1942), statutory recognition has been given to section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. By virtue of the provisions of section 10, the jurisdiction lies either with Central or State Government, as the case may be. Wherein an establishment, more than 20 employees are engaged by a contractor for maintenance of gardens raised a dispute that they should be taken on the muster'roll of'the principal employer, the government declined to make a reference for adjudication to the labour court.
When challenged by the employees through their union before the high court , it was held that the government was right in declining the reference since the jurisdiction lies with the appropriate government.
Reference:
1. Philips Workers' union, thane vs. state of maharashtra and other, 1986-II lln 124(Bom.HC)
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