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    <title>2009 (4) TMI 1050 - Supreme Court</title>
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    <description>Alternative reliefs under the Industrial Disputes Act and the Contract Labour (Regulation and Abolition) Act were held to rest on different statutory remedies, so an earlier effort to abolish contract labour did not estop a later request for reference on whether the contract was sham and the workers were direct employees. The dismissal of the earlier writ for non-prosecution did not create estoppel or res judicata. The appropriate Government&#039;s power under Section 10(1) is administrative and cannot be used to decide the merits of the industrial dispute; refusal based on a prejudgment that the workers were not employees was therefore unsustainable and had to be reconsidered without addressing the dispute&#039;s merits.</description>
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      <title>2009 (4) TMI 1050 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=301179</link>
      <description>Alternative reliefs under the Industrial Disputes Act and the Contract Labour (Regulation and Abolition) Act were held to rest on different statutory remedies, so an earlier effort to abolish contract labour did not estop a later request for reference on whether the contract was sham and the workers were direct employees. The dismissal of the earlier writ for non-prosecution did not create estoppel or res judicata. The appropriate Government&#039;s power under Section 10(1) is administrative and cannot be used to decide the merits of the industrial dispute; refusal based on a prejudgment that the workers were not employees was therefore unsustainable and had to be reconsidered without addressing the dispute&#039;s merits.</description>
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      <pubDate>Mon, 13 Apr 2009 00:00:00 +0530</pubDate>
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