Industrial Dispute Act: Person Working in the Capacity of Consultant Cannot Be Deemed Workman: Guj HC Quashes Reinstatement Order

Industrial Dispute Act: Person Working in the Capacity of Consultant Cannot Be Deemed Workman: Guj HC Quashes Reinstatement Order

Case: Santram Spinners Limited VS Babubhai Magandas Patel

Coram: Justice Sandeep Bhatt

Case No.: C/SCA/10741/2008

Court Observation: “It is pertinent to note that the learned Labour Court has committed gross error in holding that those documents are complicated and therefore, the learned Labour Court has also erred in giving findings that since TDS is deducted by the petitioner company and therefore, the respondent is workman, who is serving in the petitioner institute and in my opinion, this findings of the learned Labour Court is highly erroneous and against the settled proposition of law.”

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Keywords

Industrial Dispute Act, Capacity of Consultant, Deemed Workman