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.