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january 2006

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.

EMP.MGMT.OF SUDAMDIH COL.OF M/S.BCCL vs RASHTRIYA COLLIERY MAZDOOR SANGH · Niyam