VidhiSangh

Supreme Court of India · 29/03/2019

SUNIL KUMAR BISWAS versus ORDINANCE FACTORY BOARD & ORS.

[2019] 5 S.C.R. 1046 · 2019 INSC 436

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Summary

The Supreme Court upheld dismissal of a regularisation claim brought before the administrative tribunal by workers engaged through a contractor at an ordnance factory. The controversy required adjudication of facts and evidence through an industrial reference sought from the Central Government. The judgment settled the appropriate route for adjudication rather than the workers’ underlying entitlement, which remained open if a reference was made.

Issues

  1. Whether the disputed contractor-worker claim should be adjudicated through the administrative proceedings.
  2. Whether the proper remedy was an industrial reference.

Held

Result

Appeal dismissed. Liberty to seek an industrial reference remained available; substantive issues were preserved for independent adjudication if referred.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 1046.