Supreme Court of India · 2010-12-14
G.M.,(OSD),BENGAL NAGPUR COTTON MILLS vs BHARATLAL
- Citation / case number
- SC 2006/13464
- Court
- Supreme Court of India
- Petitioner
- G.M.,(OSD),BENGAL NAGPUR COTTON MILLS
- Respondent
- BHARATLAL
- Author
- R.V.RAVEENDRAN
- Bench
- R.V. RAVEENDRAN,A.K. PATNAIK, , ,
Judgment text excerpt
The Supreme Court upheld the decision of the Industrial Court, which ruled that the first respondent was a direct employee of the appellant despite being employed through a contractor, based on the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 and Section 2(13) of the Madhya Pradesh Industrial Relations Act, 1960. The Court emphasized that the appellant's failure to provide evidence of the contractor's payment of wages and the direct control exercised over the first respondent by the appellant established the latter's employer-employee relationship. The appeal was dismissed, affirming the reinstatement and payment of dues to the first respondent as ordered by the Industrial Court.