Supreme Court · 1978 INSC 118 · Decided 28 July 1978
Hussainbhai, Calicut v. Alath Factory Thozhilali Union, Kozhikode and ORS.
- Court
- Supreme Court of India
- Citation
- 1978 INSC 118 · [1978] 3 S.C.R. 1073
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 1853/1978
- Decided
- 28 July 1978
- Bench
- V.R. KRISHNA IYER, D.A. DESAI, O. CHINNAPPA REDDY (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 38, 39, 42, 43, 43A; Contract Act
Headnote
Employee in labour law, concept of-Whether includes a person hired by an independent labour contractor for creating l'inculum ;uris. The petitioner a factory owner, manufacturing ropes had entered into agree­ ments with intermediate contractors who had hired the respondent union'11 respondent union the petitioner contended that no direct employer-employee vinculu1n iuris existed between ,,him and the workmen. However, the Tribunal gave an award in favour of the _..,rorkn1e11 which was affirmed by both the single Judge as \\'ell as a Division Bench of the Kera1a High Court.
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