2011 SCCL.COM 644(Case No: Civil Appeal No.7872 of 2011 with Civil Appeal Nos. 7873, 7874, 7875, 7876 and 7878-79 of 2011)
M/s. Delhi International Airport Pvt. Ltd. with Airport Authority of India Appellants versus Union of India and others with Indira Gandhi Airport TDI Karamchari Union & others Respondents
Date of Decision(mm/dd/yy): 9/15/2011.
Judge(s): Hon'ble Mr. Justice Dalveer Bhandari and Hon'ble Mr. Justice Deepak Verma.
Subject Index: Contract Labour (Regulation & Abolition) Act, 1970 — section 10(1) — notification issued under — applicability of — in challenge — whether the Notification dated 26th July, 2004 issued by the Central Government prohibiting employment of contract labour of trolley retrievals in the establishment of the Airport Authority of India `AAI' at the Indira Gandhi International Airport and Domestic Airport at Delhi would be applicable to the Delhi International Airport Private Limited `DIAL' or not — whether the Central Government is the appropriate government for DIAL under the ID Act — yes — the entire functioning of DIAL is fully dependent on the grant of permission by the Central Government, thus, DIAL operates under the authority of the Central Government — all functions of AAI barring reserved activities and all land except certain carved out assets has been given to DIAL. DIAL has been leased out the portion of AAI's work, which DIAL only has incomplete control over thus, DIAL is not a principal employer of an independent establishment and therefore, the 26th July, 2004 notification, declared at AAI establishment, must also apply to DIAL — the DIAL is directed to pay Rupees five lacs to each of the erstwhile 136 workers of DIAL who were working for them as trolley retrievers till 2003 — appeals disposed.
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