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J. Elangovan vs The Central Government on 3 December, 2010

In considering the said issue, the Supreme Court considered the earlier decision reported in (1978) 4 SCC 257 (Hussainbhai, Calicut V. The Alath Factory Thezhilali Union, Kozhikode and others), which was relied on by the learned counsel appearing for the petitioners. The Apex Court pointed to the contract labour employed in or in connection with the work of the establishment and cases where in discharge of the statutory obligation, the Management engaged the services through contract employment and pointed out as follows:

Kendriya Vidyalaya Sangathan And Ors. vs Shri Sadhu Singh And Ors. on 19 September, 2002

"10. We are not very happy about the contention of the learned counsel for the respondents that just because the hostel activity of KV No. 1 is not resulting in any financial benefits to the KVS as was the case in the case of Hussainbhai (supra), no benefit can be accorded to the hostel employees. KVS is engaged in imparting education all over the country. Imparting education is a nation building activity. If a school is considered to be a manu-factory for a moment its hostel and persons employed for the hostel are certainly engaged in the product i.e. education being manufactured by the school. We cannot allow the management of the KVS to disassociate themselves from the management of the hostel which is part and parcel of a school providing residential facilities to all or some students. The argument of the learned counsel of the respondents that no comparison should be made with the hostel of KNKVG and KV No. 1 is absolutely unconvinced and unreasonable. When the applicants have been working for the hostel of KV No. 1 for the last couple of decades the work being done by them is certainly perennial in nature. The employees working in the hostel cannot be allowed to be exploited on the ground that the hostel is being managed by the committee and the funds are contributed by the students. In this committee too the Hostel Warden of the KVS is a member.
Delhi High Court Cites 17 - Cited by 0 - S B Sinha - Full Document
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