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august 2006

Supreme Court of India · 2006-08-21

ELECTRONICS CORPORATION OF INDIA LTD. vs ELEC. CORP. OF INDIA SERVICE ENG. UNION

Citation / case number
SC 2004/12294
Court
Supreme Court of India
Petitioner
ELECTRONICS CORPORATION OF INDIA LTD.
Respondent
ELEC. CORP. OF INDIA SERVICE ENG. UNION
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA ARIJIT PASASYAT

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision to allow a Writ Petition challenging the Industrial Tribunal's award under the Industrial Disputes Act, 1947. The Court found that the Tribunal erred in rejecting the reference due to the lack of established master-servant relationship, emphasizing that the employees, labeled as 'Retainers', were indeed under the Company's supervision and control. The Court held that the employees were entitled to seek regularization and other service benefits, thereby reinforcing the applicability of labor laws in such employment disputes.

ELECTRONICS CORPORATION OF INDIA LTD. vs ELEC. CORP. OF INDIA SERVICE ENG. UNION · Niyam