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Supreme Court of India 2018-02-15 allowed

Chairman Cum Managing Director, Ennore Port Trust (Presently known as Kamarajar Port Limited) vs V. Manoharan and Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Workers at Chennai Port Trust sought regularization of their services, claiming employment status. The Port Trust disputed any employer-employee relationship, contending the workers were contractors' employees. The High Court allowed the workers' appeals despite a Single Judge's dismissal. The Supreme Court allowed the Port Trust's appeal, holding that employment and regularization claims are factual matters requiring evidence-based adjudication unsuitable for writ petitions. The Court directed the disputes be referred to arbitration under the Memorandum of Understanding already agreed between the parties, empowering an Arbitral Tribunal to determine employment status and regularization entitlement based on full evidence from all stakeholders.

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Labour Law Regularization of Services Arbitration Administrative Law Writ Jurisdiction

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