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2007 Supreme(P&H) 1608

ADARSH KUMAR GOEL, S.D.ANAND
Basant Lal – Appellant
Versus
State Of Punjab – Respondent


Judgment

Adarsh Kumar Goel, J.

1. This petition has been filed by the workman against the award of the Labour Court, rejecting his claim for reinstatement with back wages.

2. Claim of the workman was that he was appointed on 6.6.1993 by the management of Guru Nanak Dev Thermal Plant, Bathinda, the unit of the Punjab State Electricity Board through contractors as Helper in the Coal Handling Plant. His work was to clear the chocked coal from Jalies, clearing of pit and coal handling belt. His services were terminated vide verbal order dated 9.10.2000. He was drawing a salary of Rs. 1,854/- per month. His work was of perennial nature and was necessary for the working of the plant. He worked from the date of appointment till termination of his services continuously, though contractors remained changing. The place of work belonged to the principal employer and supervision and control was of the principal employer, but the principal employer engaged contractors to avoid responsibilities inder the labour laws. Contract between principal employer and the contractor was a sham contract. The workman was thus to be treated as direct employee of the principal employer. Termination of services o






























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