Air india statutory corporation v united

Legislature is the best judge to determine what is needed as the appropriate condition for employment of contract labour. The public law interpretation is the appropriate principle of construction of the phrase "the appropriate Government". Such an interpretation would elongate the spirit and purpose of the Constitution and make the aforesaid rights to the workmen a reality lest establishment of an egalitarian social order would be frustrated and Constitutional goal defeated.

Air India Statutory Corporation. V. United Labour Union & Ors (4)

It can carry on commercial activities. It does not mention anything about the issue in concern. The expression "life" assured in Article 21does not connote mere animal existence or continued drudgery through life.

It must be based on some rational and relevant principles. Dismissal from service without enquiry was declared illegal under Article This problem is still very much prevalent and it can be understood from the fact that contract labourers went again on a strike at the Manesar factory of Honda Motorcycle and Scooter India Ltd.

In Hindustan Aeronautics Ltd.

It would include the right to live with human dignity [vide Francis Coralie Mullin vs. Burmashell oil Co, was held to be an instrumentality of the State though it was a Government company. The Constitution Bench elaborately considered the provisions of the Act and had held that the Act in Section 10 empower the Government to prohibit employment of contract labour.

Thus these appeals by special leave. Here the Supreme Court rightly performed the function of judiciary to impart justice.

Singhvi, Sanjay Singhvi, Anil K. It further concluded that the enumeration of certain statutory Corporations in the definition would indicate that those enumerated Corporations would come within the definition of the "appropriate Government" without any further discussion.

There is no escape route for the principle employer to avoid workmen because it needs their services and the workmen are not meant to be kept in the lurch.

In Dena Nath v. Following the aforesaid three decisions, it was held that a bare reading of the definition under the Act means inter alia any place, any industry, trade, business, manufacture, warehouse, godown or the place set up by the corporation where its business is carried on.

Though for the purpose of industrial disputes the Central Government is an appropriate Government in relation to Food Corporation of India, its establishment at various places is not under the control of the Government of India.

Try out our Premium Member services:The appellant initially was a statutory authority under International Airport Authority of India Act, (for short, 'iaai Act') and on its repeal by the Airports Authority of India Act, was amalgamated with National Airport Authority (for short, the 'naa') under single nomenclature, namely, IAAI.

A Study of Contract Labour (Regulation and Abolition) Act, 1970

Subsequently, Air India Statutory Corporations v. United Labour Union ruled that on the abolition of the system of contract labour the workmen were entitled for absorption, and the court had powers under the Art to direct the employers to absorb such workers.

Petitioner: AIR INDIA STATUTORY CORPORATION. Vs. Respondent: UNITED LABOUR UNION & ORS. The appeals by special leave arise from the judgment of the Division Bench of the Bombay High Court dated April 28, made in.

• Registration obtained from Labour Commissioner (Central) on 20 Sept Case Facts • Air India Statutory Corporation – authority under International Airport Authority of India Act • Later company registered under Company’s Act.

SC shock for contract labour. Top Searches: Bengal floods; Kolkata floods; in a judgement pertaining to the air-india statutory corporation vs united labour union & others case, a three-judge. The Project and Equipment Corporation of India which is a subsidiary owned by the State Trading Corporation was held by this Court in A.L Kalra v.

Project and Equipment Corpn. of India Ltd. 3 SCC to be an agency of the Government within the meaning of Article 12 of the Constitution of India.

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Air india statutory corporation v united
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