M/S. BHARAT HEAVY ELECTRICAL LTD. versus STATE OF U.P. AND ORS.

M/S. BHARAT HEAVY ELECTRICAL LTD. versus STATE OF U.P. AND ORS.

Facts and evidence establish the workmen were under direct employment, supervision, and control of appellant. Mask of employment under contractor was artificial; adverse inference drawn from destruction of records. Concurrent findings of Labour Court and High Court establish employer-employee relationship and violation of Section 6-N.

Parties
Appellant: Bharat Heavy Electrical Ltd.; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
21 July 2003
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Labour Court Award
Outcome
Appeals dismissed.
Legal Topics
Employment Status, Industrial Disputes, Principal Employer, Contract Labour, Termination of Services
Labour Law Employment Status Industrial Disputes Principal Employer Contract Labour Termination of Services

Case Brief

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Parties

Bharat Heavy Electrical Ltd.

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Labour Court Award

Legal Issues

  1. 1 Whether the appellant is principal employer of the workmen engaged through contractor
  2. 2 Whether termination of services violated Section 6-N of Uttar Pradesh Industrial Disputes Act, 1947
  3. 3 Whether the workmen worked for more than 240 days to attract Section 6-N

Ratio Decidendi

Facts and evidence establish the workmen were under direct employment, supervision, and control of appellant. Mask of employment under contractor was artificial; adverse inference drawn from destruction of records. Concurrent findings of Labour Court and High Court establish employer-employee relationship and violation of Section 6-N.

Court Disposition

Appeals dismissed.

Orders

  • No order as to costs.
  • Appellant liable for re-employment and payment of compensation as per Labour Court award upheld by High Court.