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Industrial Court Proper Forum To Decide Issues Regarding Contract Labour : Supreme Court
['Yash Mittal']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Supreme Court observed that the Industrial Court established under the Industrial Disputes Act, 1947 is the proper forum for adjudication of the dispute concerning the employment and termination of employment of the contract labour.
The Court affirmed the Bombay High Court's judgment, which had upheld the Labour Commissioner's decision to refer the dispute, concerning the alleged sham nature of the contract, to the Industrial Court for adjudication.
The Union alleged that the contract labour system was a "sham and camouflage" designed to deny workers permanent status and benefits.
After conciliation failed, the Deputy Labour Commissioner referred the dispute to the Industrial Court in Aurangabad in January 2020.
“…a workman working under a contract has to determine their remedies on discontinuation or termination before the Industrial Court.”, the court said.