Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract Labour (Regulation and Abolition) Act 1970: s. 10 – Absorption of contractual labour – Concept of – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract Labour (Regulation and Abolition) Act, 1970: s. 10 – Absorption of contractual labour – Concept of – On facts, respondents nos. 1-6 were contractual labourers of the respondent no. 7-contractor engaged by the appellant in terms of the contract – On labour contract coming to an end, services of the respondents were dispensed with by the contractor – Respondents seeking reinstatement, on the ground that they were employees of the appellant and were orally terminated – Labour Court held that the contractor had obtained license under the CLRA Act and that the contesting respondents were the employees of the contractor and not of the appellant – Tribunal ordered reinstatement and held that a contract labourer automatically becomes an employee of the principal employer as per the MPIR Act which was upheld by the Single Judge of the High Court, however, set aside by the Division Bench – On appeal, held: No documentary evidence produced that the respondents were the employees of the appellant – Even the direct control and supervision of the contesting respondents was always with the contractor – No evidence on record that any of the respondents were given any benefits, uniform or punching cards by the appellant – Merely because sometimes the payment of salary was made and/or PF contribution was paid by the appellant, which was due to non-payment of the same by the contractor, the respondents shall not automatically become the employees of the appellant – No notification u/s. 10(1) issued prohibiting the contract labour, nor there are allegations and/or even findings that the contract is sham and bogus and/or camouflage, the direction to absorb or regularise the services of the contract labour cannot be made to the principal employer/appellant – Thus, both the tribunal as well as the High Court erred in reinstating the contesting respondents and directing the appellant-principal employer to absorb them as their employees – Judgment and order passed by the labour court is restored. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1255 |
Petitioner | Kirloskar Brothers Limited |
Respondent | Ramcharan And Ors |
SCR | [2022] 18 S.C.R. 330 |
Judgement Date | 2022-12-05 |
Case Number | 8446 |
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