GHATGE & PATIL CONCERN'S EMPLOYEES' UNION vs GHATGE & PATIL (TRANSPORTS) PRIVATE LTD. & ANR.

The Supreme Court held that the term 'employed' in the Motor Transport Workers Act, 1961 refers to being in service rather than merely using services. The Court ruled that former drivers who became independent contractors after resigning could not be classified as Motor Transport Workers, as they were not kept in service. The introduction of a contract system was deemed lawful, and the Tribunal's finding of no unfair labor practice was upheld, as the ex-employees voluntarily resigned and benefited from the new arrangement.