Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws Delhi Factory Rules 1950 Factories Act 1948 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Factories Act, 1948- S. 46- Delhi Factory Rules, 1950 - rr. 65-70-A Company (principal establishment) required to run a canteen in compliance of s. 46-. Canteen employees employed by the contractor company-Whether the workmen engaged in the statutory canteen through the contractor could be treated as employees of the principal establishment - Held: The contractor company is a separate legal entity and its primary objects have not direct relation with the principal establishment - The principal company established also does not have effective and absolute control over the workmen of the canteen - The contractor company is not a sham or camouflage created by the principal establishment - Therefore, the workmen of the statutory canteen would be workmen of the principal establishment only for the purpose of 1948 Act, and not for all other purposes - Hence the workers cannot claim regularization in their employment from the principal establishment- Labour Laws.Precedence - Precedent value of a decision - Extent of- Held: Binding nature of a decision would extend to only observations on points raised and decided - The observation on a legal point which arose in a manner not requiring any decision, has to ·be considered merely as an obiter dictum · - In order to have binding effect, a decision need not be rendered by a Full Court or Constitution Bench of Supreme Court-A pronouncement by a Division Bench is binding on a Division Bench or a smaller number of Judges - Constitution of India, 1950-Art. 141.Doctrines/Principles:Doctrine of piercing the corporate veil - Applicability of- Discussed. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2014 INSC 561 |
Petitioner | Balwant Rai Saluja &anr. Etc. Etc. |
Respondent | Air Indialtd. & Ors. |
SCR | [2014] 14 S.C.R. 1512 |
Judgement Date | 2014-08-25 |
Case Number | 10264-10266 |
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