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Supreme Court of India 2019-03-29 dismissed

SUNIL KUMAR BISWAS vs ORDINANCE FACTORY BOARD

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Contractual workers employed by the Ordinance Factory Board for 25 years sought regularization of their services through an Original Application before the Central Administrative Tribunal and a subsequent Writ Petition to the High Court. Both forums dismissed their claims. The Supreme Court upheld the dismissals, holding that disputes involving factual controversies cannot be adjudicated in administrative or writ proceedings. The proper remedy lay in the Central Government making a reference to an Industrial Tribunal under Section 10 of the Industrial Disputes Act, where the dispute could be decided on facts and evidence according to law.

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