Dismissing an appeal in Balwant Rai Saluja & Anr v Air India Ltd & Ors, a three-judge bench of the Supreme Court held that workers engaged by a contractor at a factory canteen, which the factory was statutorily obliged to provide, were factory workers only for the purposes of the Factories Act, 1948. For the workers to be the factory’s workers for all purposes an employer-employee relationship would have to exist and it must be shown that the employer exercises absolute and effective control over the workers.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
