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september 2011

Supreme Court of India · 2011-09-01

BHILWARA DUGDH UTPADAK SAHAKARI S.LTD. vs VINOD KUMAR SHARMA DEAD BY LRS .

Citation / case number
SC 2004/23977
Court
Supreme Court of India
Petitioner
BHILWARA DUGDH UTPADAK SAHAKARI S.LTD.
Respondent
VINOD KUMAR SHARMA DEAD BY LRS .
Author
MARKANDEY KATJU,CHANDRAMAULI KR. PRASAD, , ,
Bench
MARKANDEY KATJU,CHANDRAMAULI KR. PRASAD, , ,

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Labour Court's finding that the workmen were employees of the appellant and not of the contractor, thus rejecting the appellant's claim of subterfuge. The Court distinguished the case from Steel Authority of India vs. National Union Waterfront Workers, stating that the latter's ruling on automatic absorption under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 was not applicable here. The Court concluded that the Labour Court's findings were supported by cogent reasons and dismissed the appeal without costs.

BHILWARA DUGDH UTPADAK SAHAKARI S.LTD. vs VINOD KUMAR SHARMA DEAD BY LRS . · Niyam