2024 LLR WEB 7 (DELHI HIGH COURT)
There would be no employer-employee relationship between the principal employer and the contractor even in the absence of registration certificate and license

A. EMPLOYER-EMPLOYEE RELATIONSHIP - Contractual Employee - Petitioner government entity entered into contract with agency on Commission basis for Petitioner - Respondents' services were terminated leading to filing of dispute under Industrial Disputes Act, 1947 - Tribunal passed impugned award in favour of Respondents and directed Petitioner to reinstate along with 25% back wages - Termination of workmen directly by Petitioner establishes that Petitioner had direct control over workmen, thereby, the conditions the control test - Issuance of gate passes might not always result in establishment of employee-employer relationship - Factual matrix and circumstantial evidence, establish relationship of such nature where Petitioner was solely in control of functioning of Respondent - Petition dismissed. [Paras 48, 52 and 59]
B. CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 - Section 7 and 12 - Position of law clearly states that referral of dispute to Industrial Tribunal woul... subscribe to read more..