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The Management Of Ashok Hotel vs Their Workman & Anr on 19 February, 2013 cites

Hussainbhai, Calicut vs Alath Factory Thozhilali ... on 28 July, 1978

In Hussainbhai, Calicut Vs. Alath Factory Thozhilali Union, Calicut and Ors. AIR 1978 SC 1410 it was held that the presence of intermediate contractors with whom alone the workers have immediate or direct relationship ex contractu is of no consequence, when on lifting the veil or looking at the conspectus of factors governing the employment, the naked truth can be discerned though draped in perfect paper arrangement, that the real employer is the management and not the immediate contractor. On the basis of evidence the Tribunal came to the conclusion that the Respondent/ workmen had proved that they were working for the Petitioner through M/s. Sparkling Enterprises @ 10% commission on the minimum wages and the Petitioner keeps on changing the contractors. The control of economic activities is in the hand of the Petitioner, though it was not directly paying the salary to the workmen except for a limited period of May, 2000 to July, 2000. The grievance of the Petitioner with regard to the decision on the issue No.2 is also unfounded in view of the fact that the Trial Court lifted the veil and came to the conclusion that the contract was a mere camouflage and the Petitioner was the principal employer.
Supreme Court of India Cites 6 - Cited by 215 - V R Iyer - Full Document
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