P&H: Upholds Labour Court Decision in Outsourced Worker’s Retrenchment Claim

(i) Industrial Disputes Act, 1947, Ss.25-B(2)(a), 25-F — Retrenchment — Protection against retrenchment u/s.25-F of Act is available to a workman who satisfies requirement of continuous service as contemplated u/s.25-B of Act — Workman is deemed to have been in continuous service for one year...

(ii) Industrial Disputes Act, 1947, Sections 25-B(2)(a), 25-F — Employer-employee relationship — Mere fact that person has rendered services at an establishment would not, by itself, be sufficient to establish that employee was employed by principal employer, particularly where engagement through an independent service provider...

(iii) Industrial Disputes Act, 1947, Sections 25-B(2)(a), 25-F — Employer-employee relationship — Outsourcing arrangement — Terms of the agreement have to be read as whole and considered alongside actual nature of engagement and payment — Mere exercise of supervision over work performed at departmental establishment...