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september 1968

Supreme Court of India · 1968-09-27

MANAGER, M/S. PYARCHAND KESARIMAL PONWAL BIDI FACTORY vs OMKAR LAXMAN THANGE & ORS.

Citation / case number
SC 1966/60422
Court
Supreme Court of India
Petitioner
MANAGER, M/S. PYARCHAND KESARIMAL PONWAL BIDI FACTORY
Respondent
OMKAR LAXMAN THANGE & ORS.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that a contract for service cannot be transferred unilaterally from one employer to another without a tripartite agreement, which must terminate the original contract and establish a new one. The Court emphasized that until such termination occurs, the employee remains in the employment of the original employer, retaining the right to claim wages from them. The High Court's decision to remand the case for further examination of the employment status was upheld, as the Assistant Commissioner's order lacked clarity on whether the original employment had been legally terminated.

MANAGER, M/S. PYARCHAND KESARIMAL PONWAL BIDI FACTORY vs OMKAR LAXMAN THANGE & ORS. · Niyam