Bharat Heavy Electricals Ltd. v. Mahendra Prasad Jakhmola (SC), www.itatonline.org

Workmen- concession on facts and law made by counsel- Test to be applied to find out whether contract labourers are direct employees or not.

Issue before the Court was,

 “Whether termination of services of workman Shri Mahendra Prasad Jakhmola, s/o Late Shri Vachaspati Jakhmola, Helper by the employer, w.e.f. 13.11.2001, is justified and/or as per law? If not, what benefit/relief the concerned workman is entitled for and with what other details?”

Court analysed  the various  tests to find out whether contract labourers are direct employees or not, meaning of “control and supervision”.) meaning of “master-servant” relationship. When the findings in a judgement can be said to be “perverse” and such that no reasonable person could possibly arrive at. litigant is bound by concessions of fact and law made by his Counsel/Authorized representative during the hearing,( CANOS. 1799-1800 OF 2019, dt. 20.02.2019)