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TMI Blog1978 (7) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... contended that the workmen were not his workmen but the contractors' workmen. The industrial award, made on a reference by the State Government, was attacked on this round. The l earned single Judge of the High Court, in 'an elaborate judgment, rightly held that the petitioner was the employer and the members of the respondent-Union were employees under the, petitioner. A division Bench upheld this stand and the petitioner has sought special leave from this Court. It is not in dispute that 29 workmen were denied employment which led to the reference. It is not in dispute that the work done by these workmen was an integral part of the industry concerned; that the raw material was supplied by the Management; that the factory premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Third World Jurisprudence is social justice proclaimed in the Preamble to the Constitution. This Court in Ganesh Beedi's case 1974 (1)LLJ 367 has raised on British and American rulings to hold that mere contracts are not decisive and the complex of considerations relevant to the relationship is different. Indian Justice, beyond Atlantic liberalism, has a rule of law which runs to the aid of the rule of life. And life, in conditions of poverty aplenty, is livelihood and livelihood is work with wages. Raw societal realities, not fine-spun legal niceties, not competitive market economics but complex protective principles, shape the law when the weaker, working class sector needs succour for livelihood through labour. The conceptual confus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endered to produce goods and services for the benefits and satisfaction of an enterprise, the absence of direct relationship or the presence of dubious intermediaries or the make-believe trappings of detachment from the Management cannot snap the real-life bond. The story may vary but the inference defies ingenuity. The liability cannot be shaken off.
Of course, if there is total dissociation in fact between the disowning management and the aggrieved workmen, the employment is, in substance and in real-life terms, by another. The Management's adventitious connections cannot ripen into real employment.
Here, on the facts, the conclusion is correct and leave must be refused.
Petition dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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