Supreme Court of India · 2011-09-01
Bhilwara Dugdh Utpadak Sahakari S.Ltd vs Vinod Kumar Sharma Dead By Lrs & Ors
- Citation / case number
- AIR 2011 SUPREME COURT 3546
- Court
- Supreme Court of India
- Petitioner
- Bhilwara Dugdh Utpadak Sahakari S.Ltd
- Respondent
- Vinod Kumar Sharma Dead By Lrs & Ors
- Bench
- Chandramauli Kr. Prasad, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the Labour Court's finding that the workmen were employees of the appellant, rejecting the appellant's claim that they were employees of a contractor. The Court noted that the Labour Court provided cogent reasons for its conclusion, including that the workmen were under the orders of the appellant's officers and received higher wages than the contractor's employees. The Court distinguished this case from Steel Authority of India vs. National Union Waterfront Workers, emphasizing that the issue of automatic absorption under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 was not applicable here. The appeal was dismissed, affirming the High Court's decision.