RAYMOND LTD. & ANOTHER versus TUKARAM TANAJI MANDHARE & ANOTHER

RAYMOND LTD. & ANOTHER versus TUKARAM TANAJI MANDHARE & ANOTHER

Due to conflicting judicial opinions and the importance of the issues regarding the status of contract labour under State statutes, the Supreme Court found it necessary to refer the matter to a larger bench for an authoritative resolution.

Source-derived case information.

Parties
Appellant: Raymond Ltd.; Respondent: Tukaram Tanaji Mandhare; Appellant: Another; Respondent: Another
Jurisdiction
India
Judgment Date
09 March 2011
Procedural Posture
Civil Appeal / Reference to Larger Bench
Outcome
Matter referred to larger bench.
Legal Topics
Employee Employer Relationship, Maintainability of Complaints, Contract Labour, Unfair Labour Practices
Labour Law Employee Employer Relationship Maintainability of Complaints Contract Labour Unfair Labour Practices

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Raymond Ltd.

Appellant

Tukaram Tanaji Mandhare

Respondent

Another

Appellant

Another

Respondent

Procedural Posture

Civil Appeal / Reference to Larger Bench

Legal Issues

  1. 1 Whether a person employed by a contractor executing the whole or any part of ordinarily the work of the undertaking is an employee within section 3(5) of the MRTU and PULP Act.
  2. 2 Whether a complaint under the MRTU and PULP Act by an employee as defined under section 3(13) of the BIR Act is maintainable without a direct employer-employee relationship with the principal employer.
  3. 3 Whether a complaint under the MRTU and PULP Act by employees under section 3(13) of the BIR Act can be dismissed if the employer claims they are not his direct employees but are employed through a contractor.

Ratio Decidendi

Due to conflicting judicial opinions and the importance of the issues regarding the status of contract labour under State statutes, the Supreme Court found it necessary to refer the matter to a larger bench for an authoritative resolution.

Court Disposition

Matter referred to larger bench.

Orders

  • Let the papers of this case be placed before Hon'ble the Chief Justice of India for constituting a larger bench.