BALWANT RAI SALUJA Vs. AIR INDIA LTD
LAWS(SC)-2014-8-51
SUPREME COURT OF INDIA
Decided on August 25,2014

Balwant Rai Saluja And Anr. Appellant
VERSUS
Air India Ltd. And Ors Respondents


Referred Judgements :-

SALOMON V. A. SALOMON AND CO. LTD. [REFERRED TO]
AHMEDABAD MFG. AND CALICO PRINTING CO. LTD.,V. THEIR WORKMEN [REFERRED TO]
M.M.R. KHAN V. UNION OF INDIA [REFERRED TO]
BEN HASHEM V. ALI SHAYIF [REFERRED TO]
DHRANGADHRA CHEMICAL WORKS LTD. V. STATE OF SAURASHTRA [REFERRED TO]
EBRAHIM ABOOBAKAR VS. CUSTODIAN GENERAL OF EVACUEE PROPERTY NEW DELHI [REFERRED TO]
BASTI SUGAR MILLS LIMITED VS. RAM VJAGAR [REFERRED TO]
STATE OF ORISSA VS. SUDHANSU SEKHAR MISRA [REFERRED TO]
SARASPUR MILLS COMPANY LIMITED VS. RAMANLAL CHIMANLAL [REFERRED TO]
HUSSAINBHAI CALICUT VS. ALATH FACTORY THEZHILALI UNION KOZHIKODE [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ESCORTS LIMITED [REFERRED TO]
PUNJAB LAND DEVELOPMENT AND RECLAMATION CORPORATION LIMITED CHANDIGARH DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AMRAVATI REGIONAL MANAGER WEST ZONE NOW KNOWN AS KANPUR REGION BANK OF BARODA REGIONAL OFFICE LUCKNOW VS. PRESIDING OFFICER LABOUR COURT CHANDIGARH:CHANDRASHEKHAR MARIBHAU DESHMUKH :SECRETARY U P BANK EMPLOYEES UNION C O BANK OF BARODA LATOUCHE ROAD KANPUR :LABOUR COURT RANCHI:NAMDEO:SECRETA [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SUN ENGINEERING WORKS PRIVATE LIMITED [REFERRED TO]
PARIMAL CHANDRA RAHA VS. LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF RESERVE BANK OF INDIA VS. WORKMEN [REFERRED TO]
WORKMEN OF THE CANTEEN OF COATES OF INDIA LIMITED VS. COATES OF INDIA LIMITED [REFERRED TO]
AIR INDIA STATUTORY CORPORATION VS. UNITED LABOUR UNION [REFERRED TO]
STATE OF PUNJAB VS. BALDEV SINGH [REFERRED TO]
INDIAN PETROCHEMICALS CORPORATION LIMITED ANR VS. SHRAMIK SENA [REFERRED TO]
INDIAN OVERSEAS BANK VS. I O B STAFF CANTEEN WORKERS UNION [REFERRED TO]
BARAT FRITZ WERNER LIMITED VS. STATE OF KARNATAKA [REFERRED TO]
STEEL AUTHORITY OF INDIA LIMITED VS. NATIONAL UNION WATER FRONT WORKERS [REFERRED TO]
HARI SHANKAR SHARMA VS. ARTIFICIAL LIMBS MANUFACTURING CORPORATION [REFERRED TO]
RAM SINGH VS. UNION TERRITORY CHANDIGARH [REFERRED TO]
WORKMEN OF NILGIRI COOP MARKETING SOCIETY LIMITED VS. STATE OF TAMIL NADU [REFERRED TO]
HALDIA REFINERY CANTEEN EMPLOYEES UNION VS. INDIAN OIL CORPORATION LTD [REFERRED TO]
STATE OF KARNATAKA VS. KGSD CANTEEN EMPLOYEES WELFARE ASSOCIATION [REFERRED TO]
INTERNATIONAL AIRPORT AUTHORITY OF INDIA VS. INTERNATIONAL AIR CARGO WORKERS UNION [REFERRED TO]
GENERAL MANAGER OSD BENGAL NAGPUR COTTON MILLS RAJNANDGAON VS. BHARAT LAL [REFERRED TO]
VODAFONE INTERNATIONAL HOLDINGS B V VS. UNION OF INDIA [REFERRED TO]
NATIONAL ALUMINIUM CO. LTD. VS. ANANTA KISHORE ROUT [REFERRED TO]



Cited Judgements :-

M/S N.T.P.C. LTD. VS. PRESIDING OFFICER [LAWS(ALL)-2018-2-41] [REFERRED TO]
STARLIGHT BRUCHEM LTD. VS. STATE OF U.P., [LAWS(ALL)-2017-5-85] [REFERRED TO]
BIMLENDRA MOHAN PRATAP MISHRA AND ANOTHER VS. STATE OF U.P. THROU. ITS PRIN. SECY. URBAN PLANNING & DEVP. & ORS. [LAWS(ALL)-2017-2-34] [REFERRED TO]
CENTRAL POLLUTION CONTROL BOARD VS. UNION OF INDIA [LAWS(ALL)-2023-3-18] [REFERRED TO]
SIMPLEX ENGINEERING & FOUNDRY WORKS LTD , MADHYA PRADESH (NOW CHHATTISGARH) VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH, BHILAI, M P (NOW C G ) AND OTHERS [LAWS(CHH)-2016-5-31] [REFERRED]
ASSTT GENERAL MANAGER, INDUSTRIAL RELATION DEPARTMENT, BHILAI STEEL PLANT VS. K V SATYANARAYANA [LAWS(CHH)-2018-8-91] [REFERRED TO]
GMR ENERGY LIMITED VS. DOOSAN POWER SYSTEMS INDIA PRIVATE LIMITED & ORS. [LAWS(DLH)-2017-11-440] [REFERRED TO]
COLUMBIA HOLDINGS PRIVATE LIMITED VS. SSP DEVELOPERS PVT. LTD. [LAWS(DLH)-2016-8-28] [REFERRED TO]
SUBANSIRI LOWR H.E. PROJECT CONSTRACT BASIS WORKERS UNION AND 2 ORS. VS. NATIONAL HYDROELECTRIC POWR CORPORATION LTD. AND 18 ORS [LAWS(GAU)-2020-2-117] [REFERRED TO]
SATYENDAR KUMAR JAIN VS. DIRECTORATE OF ENFORCEMENT [LAWS(DLH)-2023-4-168] [REFERRED TO]
SHIVAPRASAD S. VS. THE COMPTROLLER AND AUDITOR GENERAL OF INDIA AND ORS. [LAWS(KAR)-2016-2-33] [REFERRED TO]
KANACHUR ISLAMIC EDUCATION TRUST (R) VS. THE MINISTRY OF HEALTH AND FAMILY WELFARE AND ORS. [LAWS(DLH)-2015-9-110] [REFERRED TO]
JAMIA HAMDARD (DEEMED UNIVERSITY) AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-8-352] [REFERRED TO]
ABAD DAIRY DUDH VITRAN KENDRA SANCHALAK MANDAL VS. ABAD DAIRY & ANR. [LAWS(GJH)-2017-12-294] [REFERRED TO]
CAPARO ENGINEERING INDIA LTD VS. PRADHANMANTRI ENGINEERING SHRAMIK SANGHTHAN [LAWS(MPH)-2018-1-204] [REFERRED TO]
CAPARO ENGINEERING INDIA LTD VS. PRADHANMANTRI ENGINEERING SHRAMIK SANGHTHAN [LAWS(MPH)-2018-1-278] [REFERRED TO]
CENTURY YARN/DENIM UNITS OF CENTURY TEXTILES & INDUSTRIES LTD. AND OTHERS VS. PRESIDENT/GENERAL SECRETARY CENTURY SWATANTRA EKTA PARISHAD AND OTHERS [LAWS(MPH)-2018-4-325] [REFERRED TO]
NATIONAL FERTILIZER LTD VS. BHAGWAN DAS PAL [LAWS(MPH)-2015-7-4] [REFERRED TO]
THE CHAIRMAN, COCHIN PORT TRUST VS. THE GENERAL SECRETARY, ERNAKULAM HOTEL THOZHILALI UNION AND ORS. [LAWS(KER)-2015-3-40] [REFERRED TO]
DEBA KANTA DAS VS. OIL & NATURAL GAS CORPORATION LIMITED [LAWS(GAU)-2014-11-12] [REFERRED TO]
THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI VS. S. JEYALAKSHMI [LAWS(MAD)-2016-8-171] [REFERRED TO]
SYED SHARJI HUSSAIN VS. IDBI BANK LTD. AND ORS. [LAWS(RAJ)-2015-10-93] [REFERRED TO]
JIBAN KRISHNA MONDAL AND ORS. VS. STATE OF WEST BENGAL AND ORS. [LAWS(SC)-2015-3-27] [REFERRED TO]
STATE OF RAJASTHAN & ORS VS. GOTAN LIME STONE KHANJI UDYOG PVT. LTD. & ANR. [LAWS(SC)-2016-1-43] [REFERRED TO]
BHARAT PUMPS AND COMPRESSORS LTD. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-3-241] [REFERRED TO]
AIR INDIA LTD. VS. HEMANGI PRABHU [LAWS(BOM)-2024-1-70] [REFERRED TO]
63, MOONS TECHNOLOGIES LIMITED (FORMERLY FINANCIAL TECHNOLOGIES (INDIA) LTD & ORS VS. UNION OF INDIA & ORS [LAWS(BOM)-2017-12-143] [REFERRED TO]
INDIAN EXPRESS LIMITED VS. P P KOTHARI [LAWS(BOM)-2015-6-253] [REFERRED TO]
PRAGATISHEEL ENGINEERING SHRAMIK SANGH INDUSTRIAL ESTATE VS. SIMPLEX CASTINGS LTD [LAWS(CHH)-2019-9-11] [REFERRED TO]
SHARMA AYURVED PRIVATE LIMITED VS. B.N. SHARMA AYURVED PRIVATE LIMITED [LAWS(CAL)-2019-11-23] [REFERRED TO]
NANDA ROY AND ORS. VS. GYNANIDHI TRUST AND ORS. [LAWS(CAL)-2015-9-17] [REFERRED TO]
THE KERALA STATE VIDESHA MADHYA VYAVASAYA THOZHILALI UNION VS. THE KERALA STATE BEVERAGES (M & M) CORPORATION AND ORS. [LAWS(KER)-2015-2-55] [REFERRED TO]
SUKHBIR KAUR VS. SUKHDEV SINGH [LAWS(P&H)-2019-5-40] [REFERRED TO]
UNION OF INDIA AND ORS. VS. PONNI SUGARS (ERODE) LIMITED [LAWS(MAD)-2015-4-184] [REFERRED TO]
ROBIN SHARMA VS. APPAREL TRAINING AND DESIGN CENTRE [LAWS(DLH)-2021-2-66] [REFERRED TO]
BHILAI WIRES LTD , INDUSTRIAL AREA, BHILAI VS. MEMBER JUDGE, STATE INDUSTRIAL COURT, RAIPUR (M P ) AND ANR [LAWS(CHH)-2016-5-30] [REFERRED]
BEEKAY ENGINEERING CORPORATION VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH [LAWS(CHH)-2016-5-8] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. VS. ANIL SOMA THAKUR [LAWS(BOM)-2016-8-241] [REFERRED TO]
PRASAD - SUSHEE JNT. VENTURE VS. SINGARENI COLLIERIES CO. LTD, M.D., KHAMMAM AND ORS. [LAWS(APH)-2015-9-23] [REFERRED TO]
DIGITAL RADIO (MUMBAI) BROADCASTING LTD. AND ORS. VS. UNION OF INDIA [LAWS(DLH)-2015-7-190] [REFERRED TO]
GENERAL SECRETARY ERNAKULAM HOTEL THOZHILALI UNION VS. CHAIRMAN COCHIN PORT TRUST, WILLINGTON ISLAND [LAWS(KER)-2016-12-210] [REFERRED TO]
BEML LIMITED VS. THE PRESIDENT MYSORE DIVISION GENERAL LABOUR ASSOCIATION AND ORS. [LAWS(KAR)-2015-3-414] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT VS. THEIR WORKMEN BEING REPRESENTED BY THE ZONAL SECRETARY, BIHAR COLLIERY MAZDOOR SABHA [LAWS(JHAR)-2018-12-175] [REFERRED TO]
M/S ADHUNIK POWER AND NATURAL RESOURCES LIMITED VS. CENTRAL COALFIELDS LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR [LAWS(JHAR)-2017-4-16] [REFERRED TO]
UNION BANK OF INDIA VS. MUJAHID QASIM [LAWS(DLH)-2020-12-61] [REFERRED TO]
GUJARAT ENERGY TRANSMISSION CORPORATION LIMITED VS. AKHIL GUJARAT GENERAL MAZDOOR SANGH [LAWS(GJH)-2022-6-926] [REFERRED TO]
SURENDRA SINGH KARNAWAT VS. SUDHIR HEERAWAT [LAWS(RAJ)-2019-1-227] [REFERRED TO]
SHIBU VS. CHALAKUDY MUNICIPALITY, CHALAKKUDY, THRISSUR & OTHERS [LAWS(KER)-2015-7-269] [REFERRED]
MANAGING DIRECTOR STATE BANK OF SAURASHTRA VS. BHAVNAGAR JILLA MAZDOOR SANGH C/O. MANIBHAI GANDHI AND 2 [LAWS(GJH)-2017-4-469] [REFERRED TO]
MANAGING DIRECTOR STATE BANK OF SAURASHTRA VS. BHAVNAGAR JILLA MAZDOOR SANGH C/O. MANIBHAI GANDHI AND 2 [LAWS(GJH)-2017-4-469] [REFERRED TO]
POONAM BHARGAVA VS. APPAREL TRAINING AND DESIGN CENTRE [LAWS(DLH)-2021-2-59] [REFERRED TO]
VED PRAKASH VS. APPAREL TRAINING AND DESIGN CENTRE [LAWS(DLH)-2021-2-74] [REFERRED TO]
UNION CARBIDE INDIA LTD. AND OTHERS VS. STATE OF U.P. & OTHERS [LAWS(ALL)-2016-5-232] [REFERRED TO]
OIL & NATURAL GAS CORPORATION LTD. VS. PETROLEUM EMPLOYEES UNION [LAWS(BOM)-2023-6-587] [REFERRED TO]
DIRECTOR, NATIONAL INSTITUTION FOR ORTHOPEDICALLY HANDICAPPED & ORS VS. GOUTAM BANERJEE & ORS [LAWS(CAL)-2017-9-127] [REFERRED TO]
CONSORTIUM OF TITAGARH FIREMA ADLER S.P.A. VS. NAGPUR METRO RAIL CORPORATION LTD. [LAWS(SC)-2017-5-23] [REFERRED TO]
GLOBE GROUND INDIA EMPLOYEES UNION VS. LUFTHANSA GERMAN AIRLINES AND ANOTHER [LAWS(SC)-2019-4-89] [REFERRED TO]
MANAGING DIRECTOR, INDIAN IMMUNOLOGICALS LIMITED, HYDERABAD VS. NARENDRA AGARWAL [LAWS(TLNG)-2021-1-64] [REFERRED TO]
VOITH PAPER FABRICS INDIA LTD. AND ORS. VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II AND ORS. [LAWS(P&H)-2020-8-51] [REFERRED TO]
SHARMA AYURVED PRIVATE LIMITED VS. B.N. SHARMA AYURVED PRIVATE LIMITED [LAWS(ORI)-2019-11-5] [REFERRED TO]
VEENA MATHUR VS. STATE OF U. P. [LAWS(ALL)-2019-7-140] [REFERRED TO]
SIMPLEX CASTINGS LIMITED VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH [LAWS(CHH)-2016-5-17] [REFERRED TO]
GANNINA SRINIVAS VS. SECRETARY TO THE GOV. ENERGY DEPT. A.P. [LAWS(APH)-2022-2-56] [REFERRED TO]
STERLING AND WILSON INTERNATIONAL FZE VS. SUNSHAKTI SOLAR POWER PROJECTS PRIVATE LIMITED [LAWS(DLH)-2020-6-69] [REFERRED TO]
OCM SINGAPORE NJORD HOLDINGS HARDRADA PTE LTD VS. PRERIT GOEL [LAWS(DLH)-2022-5-5] [REFERRED TO]
VASANT RAMCHANDRA KUMBHARE VS. SCHEDULED TRIBES CERTIFICATE SCRUTINY COMMITTEE [LAWS(BOM)-2017-6-47] [REFERRED TO]
CHIEF ENGINEER-THERMAL POWER STATION,GEB VS. WORKMEN REPRESENTED BY BIJLEE MAZDOOR PANCHAYAT [LAWS(GJH)-2017-8-315] [REFERRED TO]
COX AND KINGS LTD VS. SAP INDIA PVT LTD [LAWS(SC)-2023-12-8] [REFERRED TO]
M/S JCB INDIA LIMITED VS. OMI SINGH AND OTHERS [LAWS(P&H)-2015-10-291] [REFERRED TO]
BMIC LIMITED VS. CHINNAKANNAN SIVASANKARAN [LAWS(MAD)-2016-12-40] [REFERRED TO]
VARGHESE VS. DEVASSIA [LAWS(KER)-2021-2-97] [REFERRED TO]
MANOJ KUMAR VS. SINTEX INDUSTRIES PVT. LIMITED. [LAWS(HPH)-2016-3-84] [REFERRED TO]
TATA FINLAY EMPLOYEES ASSOCIATION VS. THE DEPUTY LABOUR COMMISSIONER [LAWS(KER)-2018-10-449] [REFERRED TO]
VANDANA FARMS & RESORTS PVT. LTD. VS. SHRI COLONIZER & DEVELOPERS PVT. LTD. [LAWS(DLH)-2020-5-62] [REFERRED TO]
BIRBHUM DISTRICT PRIMARY SCHOOL COUNCIL AND ANR. VS. GOLAM MURTOZA AND ORS. [LAWS(CAL)-2016-7-35] [REFERRED TO]
HERMES MARINES LIMITED VS. CAPESHORE MARITIME PARTNERS FZC [LAWS(GJH)-2016-4-95] [REFERRED TO]
AUTOMOTIVE STAMPING VS. AKHIL GUJARAT GENERAL MAZDOOR SANGH [LAWS(GJH)-2018-4-185] [REFERRED TO]
NIRMAL SINGH VS. STATE OF U. P. [LAWS(ALL)-2024-2-156] [REFERRED TO]
JATIN RAJKONWAR AND ORS. VS. THE MANAGEMENT OF OIL & NATURAL GAS CORPORATION LTD. AND ORS. [LAWS(GAU)-2015-9-2] [REFERRED TO]
THE GENERAL MANAGER, BHARAT HEAVY ELECTRICALS LTD. VS. CANTEEN WORKERS OF BHEL AND ORS. [LAWS(MAD)-2015-2-30] [REFERRED TO]
SUCHARITA MOHANTY VS. STATE OF ODISHA [LAWS(ORI)-2021-12-16] [REFERRED TO]
GOTAN LIME STONE KHANIJ UDYOG PVT. LTD. VS. THE STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-3-79] [REFERRED TO]
GENERAL SECRETARY, CHHATTISGARH CHEMICAL MILL MAZDOOR SANGH, TULSIPUR, DISTT RAJNANDGAON (C G ) VS. EMPLOYER, CHHATTISGARH DISTILLERY, KUMHARI, DISTT DURG (C G ) [LAWS(CHH)-2018-8-59] [REFERRED TO]
VIDUR IMPEX AND TRADERS PVT. LTD. VS. PRADEEP KUMAR KHANNA [LAWS(DLH)-2017-6-46] [REFERRED TO]
THE INDIAN EXPRESS LIMITED VS. P.P. KOTHARI AND ORS. [LAWS(BOM)-2015-6-91] [REFERRED TO]
SHAILENDRA BHADAURIA VS. MATRIX PARTNERS INDIA INVESTMENT HOLDINGS [LAWS(BOM)-2019-1-8] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. THE GENERAL SECRETARY, COCHIN REFINERIES EMPLOYEES CONSUMER CO [LAWS(KER)-2017-8-254] [REFERRED TO]
BISHNU PRASAD SAHOO VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2015-10-13] [REFERRED TO]
DHANBAD COLLIERY KARAMCHARI SANGH VS. EMPLOYERS IN RELATION TO THE MANAGEMENT OF THE PATHERDIH COAL [LAWS(JHAR)-2021-2-124] [REFERRED TO]
CHANDER PRAKASH VS. APPAREL TRAINING AND DESIGN CENTRE [LAWS(DLH)-2021-2-71] [REFERRED TO]
TRIANGLE BUILDERS AND PROMOTERS PRIVATE LIMITED VS. CPI INDIA REAL ESTATE VENTURES LIMITED AND ORS. [LAWS(P&H)-2015-5-9] [REFERRED TO]
RAJASTHAN STATE GRANITES AND MARBLE MAZDOOR SANGH AND ORS. VS. RAJASTHAN STATE MINES AND MINERALS LTD. AND ORS. [LAWS(RAJ)-2015-3-12] [REFERRED TO]
ARCELORMITTAL INDIA PRIVATE LIMITED VS. SATISH KUMAR GUPTA & ORS [LAWS(SC)-2018-10-11] [REFERRED TO]
KUBER (INDIA) SALES PVT. LTD VS. SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF TRIPURA [LAWS(TRIP)-2019-12-15] [REFERRED TO]
THAKOR BALAJI PRABHATJI VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-581] [REFERRED TO]
MILIND NANDKUMAR KULKARNI VS. KIRLOSKAR EBARA PUMPS LTD [LAWS(BOM)-2024-4-3] [REFERRED TO]
MUNICIPAL CORPORATION OF CITY OF JALGAON VS. MIRAJ MAHILA AUDYOGIK COOPERATIVE SOCIETY LTD [LAWS(BOM)-2023-8-19] [REFERRED TO]
SHIPPING CORPORATION OF INDIA LTD VS. LAL BAVTA HOTEL AUR BAKERY MAZDOOR UNION & ANR [LAWS(BOM)-2016-7-218] [REFERRED]
ASHOK KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-4-321] [REFERRED TO]
HRIDESH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-12-152] [REFERRED TO]
MITSUI OSK LINES LTD. VS. ORIENT SHIP AGENCY PVT. LTD. [LAWS(BOM)-2020-2-14] [REFERRED TO]
AGYA RAM VS. STATE OF H P & OTHERS [LAWS(HPH)-2016-9-194] [REFERRED]
HINDUSTAN INSECTICIDES LTD VS. GENERAL SECRETARY, HIL CANTEEN EMPLOYEES UNION(CITU) AND OTHERS [LAWS(KER)-2018-6-508] [REFERRED TO]
KERALA STATE BEVARAGES (MANUFACTURING & MARKETING) CORPORATION VS. THE CANNANORE DISTRICT SHOP ESTABLISHMENT & GENERAL WORKERS UNION (INTUC) AND ORS. [LAWS(KER)-2015-2-56] [REFERRED TO]
GUJARAT ENERGY TRANSMISSION CORPORATION LIMITED VS. AKHIL GUJARAT GENERAL MAZDOOR SANGH [LAWS(GJH)-2024-4-116] [REFERRED TO]
MANAGEMENT CIMMCO BIRLA LIMITED, BHARATPUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-6-7] [REFERRED TO]
BHARAT HEAVY ELECTRICALS LTD VS. MAHENDRA PRASAD JAKHMOLA & ORS [LAWS(SC)-2019-2-174] [REFERRED TO]
M.R.BHAT VS. INDIA AWAKE FOR TRANSPARENCY [LAWS(KAR)-2020-5-4] [REFERRED TO]
INDUSTRIAL ESTATES AND GENERAL WORKERS UNION (CITU) VS. GOVERNMENT OF TAMIL NADU AND ORS. [LAWS(MAD)-2020-3-258] [REFERRED TO]
SANUJ BATHLA VS. MANU MAHESHWARI [LAWS(DLH)-2021-4-173] [REFERRED TO]


JUDGEMENT

- (1.)In view of the difference of opinion by two learned Judges, and by referral order dated 13.11.2013 of this Court, these Civil Appeals are placed before us for our consideration and decision. The question before this bench is whether the workmen engaged in statutory canteens, through a contractor, could be treated as employees of the principal establishment.
(2.)At the outset, it requires to be noticed that the learned Judges differed in their opinion regarding the liability of the principal employer running statutory canteens and further regarding the status of the workmen engaged thereof. The learned Judges differed on the aspect of supervision and control which was exercised by the Air India Ltd. (for short, "the Air India")- respondent No. 1, and the Hotel Corporations of India Ltd. (for short, "the HCI")-respondent No. 2, over the said workmen employed in these canteens. The learned Judges also had varying interpretations regarding the status of the HCI as a sham and camouflage subsidiary by the Air India created mainly to deprive the legitimate statutory and fundamental rights of the concerned workmen and the necessity to pierce the veil to ascertain their relation with the principal employer.
(3.)The Two Judge bench has expressed contrasting opinions on the prevalence of an employer employee relationship between the principal employer and the workers in the said canteen facility, based on, inter alia, issues surrounding the economic dependence of the subsidiary role in management and maintenance of the canteen premises, representation of workers, modes of appointment and termination as well as resolving disciplinary issues among workmen. The Bench also differed on the issue pertaining to whether such workmen should be treated as employees of the principal employer only for the purposes of the Factories Act, 1948 (for short, "the Act, 1948") or for other purposes as well.
FACTS :



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