Published on: 22 September 2023 at 19:30 IST
Court: Supreme Court of India
Citation: Balwant Rai Saluja V. Air India Ltd. (2014)
Honourable Supreme Court of India has established the Test of Complete Administrative Control to ascertain whether the workers of the contractor can be treated as the employees of the factory or company on whose premises the said workers are working.
It is necessary to establish an existing an employer-employee relationship between the factory and the workmen working in the premises.
65. Thus, it can be concluded that the relevant factors to be taken into consideration to establish an employer-employee relationship would include, inter alia:
(i) who appoints the workers;
(ii) who pays the salary/remuneration;
(iii) who has the authority to dismiss;
(iv) who can take disciplinary action;
(v) whether there is continuity of service; and
(vi) extent of control and supervision i.e. whether there exists complete control and supervision.
Drafted By Abhijit Mishra