MATHURA REFINERY MAZDOOR SANGH THROUGH ITS SECRETARY versus INDIAN OIL CORPORATION LTD., MATHURA REFINERY PROJECT, MATHURA AND ANR.

Citation: [1991] 1 S.C.R. 468 · Decided: 15-02-1991 · Supreme Court of India · Bench: K.N. SAIKIA · Disposal: Dismissed

Judgment (excerpt)

A 
MATHURA REFINERY MAZDOOR SANGH THROUGH 
ITS SECRETARY 
~ 
V. 
INDIAN OIL CORPORATION LTD., MATHURA REFINERY 
PROJECT, MATHURA AND ANR. 
B 
FEBRUARY 15, 1991 
[K.N. SAIKIA AND MADAN MOHAN PUNCHHL JJ.] 
>-
Contract Labour (Reguiation and Abolition) Act, 1971: Mathura 
Refinery-Casual Labourers-Some babourers forming Co-operative 
Societies and entering contracts with refinery wh~le others working 
.._, 
·C 
under contractors who have contracts with refinery-Claim for regulari-
-
sation and parity with employees of refinery-Casual labourers held not 
employees of refinery and hence not entitled for absorption iiz refinery. 
The appellant-Union, representing about 900 casual labourers fal-
y 
D 
ling under the Contract Labour (Regulation and Abolition) Act, 1971 
some of whom formed Co-operative societies and entered into contracts 
with the respondent-ref"mery while others worked for contractors who 
had contracts with the ref"mery, med a writ petition in this court claim-
ing parity in wages and service conditions with the regular workmen of 
the respondent-ref"mery. This Court disposed the petition by directing 
E 
the Central Government to refer to the Industrial Tribunal for adjudi-
cation the questions whether the petitioners and some of the workmen 
whose services were terminated were employees of the refinery; whether 
their termination was justified and to what relief they were entitled to. 
The Government referred and the Tribunal decided the questions 
against the appellant-union by holding that the labourers were emp-
F 
loyees of the contractors and not of the ref"mery and their termination 
• 
was justified. But the Tribunal gave certain directions by way of relief 
( r--
for consideration by the Advisory Board about the desirability of con- --
tinuance of the contract system in the ref"mery, for providing minimun 
pay of scale of regular employees to the contract labour and giving them 
preference in the regular employment. 
G 
Against the award of the Industrial Tribunal, the Union med an 
appeal in this Court praying for directions to the ref"mery to absorb and 
regularise the casual labourers in a phased manner. 
Dismissing the appeal, this Court, · 
H 
468 
-
MAZDOOR SINGH v. INDIAN OIL [PUNCHHI, J.] 
469 
HELD: The contract labourers are not, and have also not been found 
to be, having a direct connection with the Refinery, even though it is a 
State for the purpose of enforcement of fundamental rights. The direc-
tions given by the Tribunal was the only relief which was due to the 
appellant-union and its members. Hence the Tribunal has given to the 
appellant-Union the maximum which could be given in the facts and 
circumstances of the case. Therefore, the impugned Award oft.he Tri-
bunal cannot be improved upon. [472E-F] 
BHEL Workers Association, Hardwar and Ors. etc. v. Union of 
India and Ors., [1985] 1SCC630, referred to. 
B 
Dharwad Distt. P. W.D. Literate Daily Wage Employees Associa-
C 
tion and Ors. v. State of Karnataka and Ors., [1990] 2 SCC 396, 
distinguished. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1430 
of 1990. 
From the Judgment and Order dated 21.10.1989 of the Central 
Government Industrial Tribunal, New Delhi in l.D. No. 40 of 1986. 
N .B. Shetye and A.M. Khanwilkar for the Appellant. 
D 
Ashok H. Desai, R.P. Bhatt, P.H. Parekh and Mrs. Sumita E 
Sharma for the Respondents. 
The Judgment of the Court was delivered by 
PUNCHHI, J. This appeal by special leave is directed against the 
Award of the Central Government Industrial Tribunal, New Delhi, in F 
I.D. No. 40 of 1986 published in the Gazette of India, New Delhi 
dated 21.10.89. 
The appellant is the Mathura Refinery Mazdoor Sangh (here-
after referred to as fl;ie 'Union'). The contesting respondent is the 
Indian Oil Corporation Ltd., Ma~hura Refinery Project, Mathura, G 
U.P. (hereafter referred to as the 'Refinery'). The Union represents 
about 900 casual labourers working in the Refinery. These labourers 
are contract labourers coming under the Contract Labour (Regulation 
& Abolition) Act, 1971. The nature of their work has grouped them. 
Some of the labourers have formed themselves into co-operative 
societies and those societies have entered into labour contracts with 
H 
A 
B 
c 
D 
470 
SUPREME COURT REPORTS 
[1991] 1 S.C.R. 
the Refinery. Other labourers are working under labour contractors 
who have contracts with the Refinery. Theirs is not a constant'relation-
ship with one contractor and these labourer

Excerpt shown. Read the full judgment & AI analysis in Lexace.