GANGADHAR PILLAI Vs. SIEMENS LTD
LAWS(SC)-2006-11-27
SUPREME COURT OF INDIA
Decided on November 10,2006

GANGADHAR PILLAI Appellant
VERSUS
SIEMENS LTD. Respondents





Cited Judgements :-

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR, COURT GURGAON [LAWS(P&H)-2007-11-183] [REFERRED]
DISTRICT MANAGER, HARYANA AGRO INDUSTRIES CORPORATION LTD., KAITHAL VS. WORKMAN, BHIRA RAM [LAWS(P&H)-2008-7-82] [REFERRED TO]
EXECUTIVE ENGINEER, T.R.W. WORKSHOP VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2008-10-87] [REFERRED TO]
GURPREET KAUR VS. PANJAB UNIVERSITY [LAWS(P&H)-2017-10-11] [REFERRED TO]
BASTI RAM VS. INDUSTRIAL TRIBUNA [LAWS(P&H)-2014-1-565] [REFERRED TO]
STATE OF M P VS. RUPRAM YADAV [LAWS(MPH)-2011-11-33] [REFERRED TO]
BHAVNAGAR MUNICIPAL CORPORATION VS. PARESH RASIKBHAI DODIYA [LAWS(GJH)-2021-7-280] [REFERRED TO]
MOHAMMAD RAFIQUE MOHAMMAD YASIN SHAIKH VS. GUJARAT JAL SAMPATI VIKAS NIGAM LTD. [LAWS(GJH)-2021-1-349] [REFERRED TO]
INDIAN AIRLINES LIMITED VS. GUJARAT MAZDOOR PANCHAYAT [LAWS(GJH)-2009-4-87] [REFERRED TO]
ALSTOM INDIA LIMITED VS. SIDRAM AND ORS. [LAWS(KAR)-2015-11-177] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. PRESIDING OFFICER [LAWS(DLH)-2010-10-142] [REFERRED TO]
MANAGEMENT OF COUNCIL FOR ADVANCEMENT OF PEOPLES ACTION and RURAL TECHNOLOGY VS. KALYAN KUMAR DAS [LAWS(GAU)-2008-5-6] [REFERRED TO]
INDIAN IRON AND STEEL COMPANY LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-2-59] [REFERRED TO]
ISH RANI VS. UNION OF INDIA [LAWS(DLH)-2017-3-154] [REFERRED TO]
BHANDARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS. MEMBER, INDUSTRIAL COURT [LAWS(BOM)-2015-9-280] [REFERRED TO]
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, PANCHKULA AND ANOTHER VS. RAM KARAN AND ANOTHER [LAWS(P&H)-2012-9-738] [REFERRED TO]
UNIVERSITY OF DELHI VS. DELHI UNIVERSITY CONTRACT EMPLOYEES UNION [LAWS(SC)-2021-3-68] [REFERRED TO]
K KUMARAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-4-288] [REFERRED TO]
TAMIL NADU STATE TRANSPORT CORPORATION LTD VS. PRESIDING OFFICER PRINCIPAL LABOUR COURT [LAWS(MAD)-2009-4-347] [REFERRED TO]
DIVISIONL FOREST OFFICER VS. JAGAT SINGH [LAWS(P&H)-2008-11-9] [REFERRED TO]
AJAY GOSWAMI VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2007-9-193] [REFERRED]
ASHOK KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2007-12-166] [REFERRED]
CORRESPONDENT ST MICHAEL S T T I VS. V N KARPAGA MARY [LAWS(SC)-2008-4-63] [REFERRED TO]
STATE OF UTTRANCHAL VS. PRANTIYA SINCHAI AVAM BANDH YOGANA SHRAMIK MAHAPARISHAD [LAWS(SC)-2007-10-7] [REFERRED TO]
KHAJJAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-2014-5-82] [REFERRED TO]
R. MANJUNATH VS. STATE OF KARNATAKA [LAWS(KAR)-2012-7-423] [REFERRED TO]
CHATTAR SINGH VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2021-2-150] [REFERRED TO]
SHYLA SHIVAPPA BUDIHAL VS. SECRETARY TO GOVERNMENT [LAWS(KAR)-2019-2-443] [REFERRED TO]
MANAGEMENT OF TISCO VS. PRESIDING OFFICER [LAWS(JHAR)-2012-8-64] [REFERRED TO]
CONCERNED WORKMEN, DHANBAD VS. EMPLOYERS IN RELATION TO MANAGEMENT OF TATA STEEL LIMITED, SINGHBHUM [LAWS(JHAR)-2017-11-124] [REFERRED TO]
FACTORY MANAGER SAURASHTRA CHEMICALS VS. SHREE SAURASHTRA CHEMICALS MAZDOOR SANGH [LAWS(GJH)-2022-11-305] [REFERRED TO]
GEB SUBSTITUTED AS GUJARAT STATE ELECTRICITY VS. HARISHKUAMR N BOSAMIYA [LAWS(GJH)-2014-1-36] [REFERRED TO]
MANAGEMENT OF A S E B VS. INDUSTRIAL TRIBUNAL ASSAM [LAWS(GAU)-2007-3-58] [REFERRED TO]
INSTITUTE OF HOME ECONOMICS VS. SH. PREM PAL [LAWS(DLH)-2018-3-2] [REFERRED TO]
KUMAR MAYANK VS. DELHI TECHNOLOGICAL UNIVERSITY & ANR [LAWS(DLH)-2016-11-11] [REFERRED TO]
DIRECTOR, PRIMARY EDUCATION, HARYANA VS. SURESH KUMAR [LAWS(P&H)-2014-5-18] [REFERRED TO]
EXECUTIVE ENGINEER VS. PRESIDING OFFICER LABOUR COURT [LAWS(P&H)-2008-9-12] [REFERRED TO]
PRITI PAL VS. PRESIDING OFFICER AND OTHERS [LAWS(P&H)-2008-1-288] [REFERRED]
OSHIAR PRASAD VS. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2, DHANBAD [LAWS(JHAR)-2009-9-32] [REFERRED TO]
R FRANCIS VS. GOVERNMENT OF TAMILNADU [LAWS(MAD)-2007-10-283] [REFERRED TO]
ANUSUIYA MESHARAM VS. PRESIDING OFFICER, LABOUR COURT [LAWS(CHH)-2007-8-29] [REFERRED TO]
RAJESH MOHAN VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-11-18] [REFERRED TO]
TAMILNADU STATE TRANSPORT CORPORATION VILLUPURAM LTD VS. PRESIDING OFFICER [LAWS(MAD)-2009-4-291] [REFERRED TO]
RUPIN GANGARAM NAIK VS. STATE OF GOA [LAWS(BOM)-2022-1-202] [REFERRED TO]
ATMARAM VS. DAIRY MANAGER [LAWS(BOM)-2022-9-124] [REFERRED TO]
TUMAKURU CITY CORPORATION VS. TUMKURU POURA KARMIKARA SANGHA (REGD. ) [LAWS(KAR)-2022-12-116] [REFERRED TO]
DASRATHSINH LALUBHA ZALA VS. GUJARAT ELECTRICITY BOARD [LAWS(GJH)-2008-5-39] [REFERRED TO]
HARSHABEN DALPATSINH RAJPUT VS. PRESIDENT, NASHABANDHI MANDAL [LAWS(GJH)-2017-2-248] [REFERRED TO]
KARSANBHAI RAMJIBHAI JALADIYA VS. DISTRICT DEVELOPMENT OFFICER [LAWS(GJH)-2016-4-232] [REFERRED TO]
STATE OF CHHATTISGARH VS. UMENDI [LAWS(CHH)-2011-2-41] [REFERRED TO]
RAM NARESH SINGH VS. U.P. STATE SOCIAL WELFARE [LAWS(ALL)-2017-7-52] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL ASANSOL [LAWS(CAL)-2009-2-93] [REFERRED TO]
SIEL LIMITED VS. STATE OF U.P. [LAWS(ALL)-2007-11-197] [REFERRED TO]
HINDUSTAN LEVER LIMITED VS. INDUSTRIAL TRIBUNAL IV NEW AGRA [LAWS(ALL)-2007-7-46] [REFERRED TO]
UNION OF INDIA VS. RAM PAL [LAWS(P&H)-2013-2-193] [REFERRED TO]
MUNICIPAL COUNCIL VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2014-10-11] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF KATRAS CHOITUDIH COLLIERY OF BHARAT COKING COAL LIMITED VS. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.I [LAWS(JHAR)-2009-4-76] [REFERRED TO]
MAHESH KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2008-4-175] [REFERRED]
EXECUTIVE ENGINEER H U D A VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(P&H)-2007-7-4] [REFERRED TO]
EXECUTIVE ENGINEER, PWD (B&R) ROHTAK VS. KARAMBIR SINGH AND ANOTHER [LAWS(P&H)-2008-10-171] [REFERRED]
DIVISIONAL FOREST OFFICER AND ANOTHER VS. CHAMAN AND ANOTHER [LAWS(P&H)-2008-11-177] [REFERRED]
AARAM SAINI VS. P O, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AND LABOUR COURT JAIPUR [LAWS(RAJ)-2012-3-83] [REFERRED TO]
MEHAM CO OPERATIVE SUGAR MILL LTD VS. PRESIDING OFFICER [LAWS(P&H)-2008-9-14] [REFERRED TO]
C S AZAD KRISHI EVEM PRODYOGIKI VISHWA VS. UNITED TRADES CONGRESS [LAWS(SC)-2007-12-59] [REFERRED TO]
STATE OF KARNATAKA VS. G V CHANDRASHEKAR [LAWS(SC)-2009-2-95] [REFERRED TO]
VICE CHANCELLOR, KURUKSHETRA AND ORS. VS. RAJ RANI AND ORS. [LAWS(P&H)-2015-10-194] [REFERRED TO]
SHILPA JINDAL VS. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH CHANDIGARH AND OTHERS [LAWS(P&H)-2016-4-153] [REFERRED TO]
SANJAY KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2008-5-187] [REFERRED]
GOVERNMENT COLLEGE SECTOR 1 LABOUR COURT AMBALA VS. PRESIDING OFFICER LABOUR COURT [LAWS(P&H)-2008-9-11] [REFERRED TO]
DIRECTOR VS. SURINDER KUMAR [LAWS(P&H)-2008-4-172] [REFERRED]
DIRECTOR VS. RAGHBIR SINGH [LAWS(P&H)-2008-4-157] [REFERRED]
DIVISIONAL FOREST OFFICER VS. MANGAT RAM & ANOTHER [LAWS(P&H)-2008-11-180] [REFERRED]
PUNJAB EX-SERVICEMEN CORPORATION VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL [LAWS(P&H)-2009-10-78] [REFERRED TO]
HINDUSTAN AERONAUTICS LTD VS. DAN BAHADUR SINGH [LAWS(SC)-2007-4-131] [REFERRED TO]
CORRESPONDENT ST MICHAELS T T I VS. V N KARPAGA MARY [LAWS(SC)-2008-4-174] [REFERRED TO]
DEPUTY EXECUTIVE ENGINEER VS. RAJ AMARSINH FULSINH [LAWS(GJH)-2007-12-13] [REFERRED TO]
WORKMEN REPRESENTED BY BOKARO PROGRESSIVE FRONT VS. MANAGEMENT OF BOKARO STEEL PLANT OF M/S STEEL AUTH [LAWS(JHAR)-2017-12-122] [REFERRED TO]
C WILBERT VS. MANAGER OF INDIAN INSTITUTE OF TECHNOLOGY [LAWS(MAD)-2008-7-102] [REFERRED TO]
TALESHKUMAR MAGANBHAI PATEL AND ORS. VS. AHMEDABAD MUNICIPAL CORPORATION AND ORS. [LAWS(GJH)-2015-6-123] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIAANDANOTHER ETC VS. KAILASH NATH [LAWS(ALL)-2007-12-142] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. CENTRALGOVT INDUSTRIAL TRIBUNAL [LAWS(CAL)-2009-8-84] [REFERRED TO]
THE NAGPUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS. PRASHANT ASHOKRAO SALUNKE AND ORS. [LAWS(BOM)-2016-1-34] [REFERRED TO]
PRAMOD ANANTRAO PATHRE VS. STATE OF STATE OF MAHARASHTRA [LAWS(BOM)-2007-5-5] [REFERRED TO]
PARKE DAVIS INDIA LTD VS. MAHADEV BHIKU JADHAV [LAWS(BOM)-2008-1-139] [REFERRED TO]
SATPAL VS. THE PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANOTHER [LAWS(P&H)-2012-5-628] [REFERRED TO]
STATE OF M P VS. RAJENDRA KUMAR JAIN [LAWS(MPH)-2018-5-112] [REFERRED TO]
EXECUTIVE ENGINEER VS. RAMDHARI [LAWS(P&H)-2007-12-167] [REFERRED]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL CUM LABOUR COURT, GURGAON [LAWS(P&H)-2007-12-189] [REFERRED]
DEPUTY COMMISSIONER, MUKTSAR VS. PRESIDING OFFICER, LABOUR COURT, BATHINDA [LAWS(P&H)-2007-9-194] [REFERRED]
M/S. HOTEL A.R.A.P. (P) LTD. VS. M/S.BUHARI SONS PVT. LTD. [LAWS(MAD)-2016-10-122] [REFERRED TO]
LAXMI RATTAN COTTON MILLS LTD VS. STATE OF U P [LAWS(SC)-2008-11-42] [REFERRED TO]
MANAGEMENT OF TISCO VS. PRESIDING OFFICER LABOUR COURT PATNA [LAWS(JHAR)-2014-3-6] [REFERRED TO]
VICE PRESIDENT, REGIONAL COMMITTEE, C C L JANTA MAZDOOR SANGH, RANCHI (JHARKHAND) VS. PROJECT OFFICER, ASHOK PROJECT PIPARWAR, C C L BACHRA, CHATRA (JHARKHAND) [LAWS(JHAR)-2018-6-57] [REFERRED TO]
V RAVICHANDRAN VS. MANAGEMENT M R F LIMITED [LAWS(MAD)-2008-12-336] [REFERRED TO]
BAJAJ AUTO LTD. AND ORS. VS. SHRIKANT VINAYAK YOGI AND ORS. [LAWS(BOM)-2015-5-123] [REFERRED TO]
MUNICIPAL CORPORATION OF GR. MUMBAI VS. KACHARA VAHTUK SHRAMIK SANGH [LAWS(BOM)-2016-12-83] [REFERRED TO]
MANAGEMENT OF CPWD VS. HAR LAL [LAWS(DLH)-2011-3-201] [REFERRED TO]
CHETANKUMAR SURESHBHAI PATEL VS. OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(GJH)-2016-6-201] [REFERRED TO]
RELIANCE ENERGY LTD MUMBAI VS. YADAYYA GIRI [LAWS(BOM)-2010-12-4] [REFERRED TO]
SANGLI MIRAJ KUPWAD CITIES MUNICIPAL CORPORATION VS. MAHAPALIKA KAMGAR SABHA [LAWS(BOM)-2012-7-136] [REFERRED TO]
AMAN SHAH HUSSAIN SHAH VS. CHIEF OFFICER [LAWS(BOM)-2013-4-61] [REFERRED TO]
ARUN KUMAR SAXENA VS. STATE OF U.P. THROUGH PRIN. SECY. RURAL ENGINEERING DEPTT. L [LAWS(ALL)-2017-4-29] [REFERRED TO]
VINOD KUMAR SINGH VS. STATE OF U.P. THRU PRIN. SECY. HIGHER EDU. CIVIL SECTT.LKO. & ORS. [LAWS(ALL)-2017-4-61] [REFERRED TO]
HASHMUDDIN VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(ALL)-2011-1-44] [REFERRED TO]
ARUNABEN ATMARAM DUDHREJIYA VS. UNION OF INDIA [LAWS(GJH)-2007-1-17] [REFERRED TO]
PARMOD KUMAR DHAILWAL VS. GNCT OF DELHI [LAWS(DLH)-2015-5-444] [REFERRED TO]
Limited, Bokaro VS. Workmen, represented by the Area Secretary, Bihar Colliery Kamgar Union, Kathara [LAWS(JHAR)-2010-12-30] [REFERRED TO]
DIRECTOR, CENTRAL SHEEP BREEDING FARM, HISAR VS. PRESIDENT, DISTRICT AGRICULTURE WORKERS UNION, HISAR AND ANOTHER [LAWS(P&H)-2008-4-219] [REFERRED]
DIRECTOR MAHARAJ AGARSEN MEDICAL RESEARCH AND EDUCATION SOCIETY VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, HISAR [LAWS(P&H)-2007-11-184] [REFERRED]
REGIONAL ENGINEERING, COLLEGE, NOW NATIONAL INSTITUTE OF TECHNOLOGY (DEEMED UNIVERSITY), KURUKSHETRA VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2007-9-210] [REFERRED]
CHIEF ENGINEER, RSD, IRRIGATION WORKS AND ANOTHER VS. SURESH KUMAR AND ANOTHER [LAWS(P&H)-2008-10-144] [REFERRED]
EXECUTIVE ENGINEER, HARYANA STATE AGRICULTURE MARKETING BOARD, PANIPAT VS. RAVINDER SINGH KADYAN [LAWS(P&H)-2007-12-171] [REFERRED]
STATE OF JAMMU AND KASHMIR & ORS VS. DISTRICT BAR ASSOCIATION, BANDIPORA [LAWS(SC)-2016-12-14] [REFERRED TO]
BHARAT COKING COAL LTD VS. WORKMEN BHARAT COKING COAL LTD [LAWS(JHAR)-2009-7-1] [REFERRED TO]
BALBIR SINGH VS. PRESIDING OFFICER, LABOUR COURT, LUDHIANA [LAWS(P&H)-2007-8-235] [REFERRED]
DISTRICT MANAGER VS. WORKMAN BHIRA RAM [LAWS(P&H)-2007-8-14] [REFERRED TO]
HARMINDER KAUR VS. UNION OF INDIA [LAWS(SC)-2009-5-72] [REFERRED TO]
THE MUNICIPAL COUNCIL, TIRORA VS. TULSIDAS BALIRAM BINDHADE [LAWS(BOM)-2016-7-75] [REFERRED TO]
U P RAJKIYA NIRMAN NIGAM VS. U P RAJKIYA NIRMAN KARAMCHARI SANGH [LAWS(ALL)-2007-3-268] [REFERRED TO]
RAM KRISHNA VS. STATE OF U.P. [LAWS(ALL)-2017-5-166] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. RISHI PAL [LAWS(DLH)-2010-10-117] [REFERRED TO]
STATE OF M P VS. MADAN SINGH KUSHWAH [LAWS(MPH)-2011-11-48] [REFERRED TO]
M.P. TEXTBOOKS CORPORATION, BHOPAL VS. ANIL JETHLI [LAWS(MPH)-2007-8-113] [REFERRED TO]
JANTA MAZDOOR SANGH VS. BHARAT COOKING COAL LTD. [LAWS(JHAR)-2014-7-84] [REFERRED TO]
THE VICE PRESIDENT VS. PROJECT OFFICER [LAWS(JHAR)-2015-3-95] [REFERRED TO]
BAL MANDIR SANSTHA (PARANJPE SCHOOL) VS. DEVIDAS KAWADUJI RAGHUTE [LAWS(BOM)-2021-9-92] [REFERRED TO]


JUDGEMENT

S.B.SINHA, J. - (1.)LEAVE granted.D
(2.)RESPONDENT has its own Engineering and Field Service department which undertakes jobs of industrial project installation, erection, commissioning of electrical/ electronic equipments which are supplied by it or the same are directly brought by its clients at various projects/ sites as per their requirements.
The services of respondent are utilized for the aforesaid work as a contractor which is a project/ site work required to be completed within the stipulated period, time and quality being the essence of the contract entered into by and between the parties.

Respondent used to engage temporary personnel in the category of skilled, semiskilled and unskilled workers. Appellant had been appointed by respondent on temporary basis for duration of the project/ site work and on completion thereof his services used to be terminated.

(3.)INDISPUTABLY, appellant used to be employed almost on a regular basis since 1978. His services were availed by respondent not only for its various projects in India but also in Iraq.
Procedure followed for availing the services of appellant by respondent had been that whenever such contract was obtained and project work started at the instance of the Head Office, a telegram used to be sent to him for availing his services whereupon he was asked to join the site office. Appointment letters used to be issued by the said office were in a prescribed proforma, the relevant portion from a sample copy whereof reads as under: JUDGEMENT_265_JT10_2006Html1.htm



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