Supreme Court of India · 2006-01-16
EMP.MGMT.OF SUDAMDIH COL.OF M/S.BCCL vs RASHTRIYA COLLIERY MAZDOOR SANGH
- Citation / case number
- SC 1999/11523
- Court
- Supreme Court of India
- Petitioner
- EMP.MGMT.OF SUDAMDIH COL.OF M/S.BCCL
- Respondent
- RASHTRIYA COLLIERY MAZDOOR SANGH
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court upheld the decision of the Patna High Court affirming the Tribunal's ruling that certain individuals were workmen of Bharat Coking Coal Ltd. under the Industrial Disputes Act, 1947, specifically referencing Section 10. The Court established that workmen engaged through an unlicensed contractor can be deemed employees of the principal employer if the engagement is a facade. The appeals by the management were dismissed, reinforcing the Tribunal's order for reinstatement and back wages for the workmen.