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.