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KARNATAKA HIGH COURT
V KAMESWAR RAO, C M JOSHI, JJ
THE MANAGEMENT OF M/S STUMPP, SCHULE AND SOMAPPA SPRINGS PVT LTD. – Appellant
Versus
SRI.U. MALLIKARJUNA – Respondent
| Table of Content |
|---|
| 1. employment status of the respondent as a contractor's worker. (Para 3 , 4) |
| 2. evidence of employment and contractor relationships established. (Para 10 , 14 , 15 , 16) |
| 3. legal implications of esi and pf contributions in employment status. (Para 18 , 19 , 20) |
| 4. judgment on the nature of control and supervision in contract labor. (Para 21 , 22) |
CAV JUDGMENT
(PER: THE HON'BLE MR JUSTICE V KAMESWAR RAO)
The challenge in this appeal is to an order dated 04.04.2018 passed by the learned Single Judge in WP No.8167/2009 filed by the respondent herein, whereby the learned Single Judge has allowed the petition filed by the respondent.
2. Suffice to state, the writ petition was filed by the respondent challenging the award dated 15.09.2008 passed by the III Additional Labour Court, Bengaluru (‘Labour Court’ for short) in ID No.71/2000 whereby the Labour Court has answered the reference made by the appropriate Government against the respondent herein.
3. The facts that need to be noted for the purpose of decision of this appeal are, the case of the respondent before the Labour Court was that he was appointed by the appellant as an operator in the Hardening Department in the year 1
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