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july 1978

Supreme Court of India · 1978-07-28

HUSSAINBHAI, CALICUT vs ALATH FACTORY THOZHILALI UNION,KOZHIKODE AND ORS.

Citation / case number
SC 1978/90244
Court
Supreme Court of India
Petitioner
HUSSAINBHAI, CALICUT
Respondent
ALATH FACTORY THOZHILALI UNION,KOZHIKODE AND ORS.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that the concept of employer-employee vinculum juris extends to workers hired through independent contractors when the economic reality shows that the factory owner exercises control over the workers' employment. The Court affirmed the Tribunal's award in favor of the workmen, emphasizing that the presence of intermediaries does not negate the real employer's liability. The judgment is rooted in social justice principles under Articles 38, 39, 42, 43, and 43A of the Constitution, rejecting the petitioner's argument of non-existence of direct employment.

HUSSAINBHAI, CALICUT vs ALATH FACTORY THOZHILALI UNION,KOZHIKODE AND ORS. · Niyam