Compensation on termination of services of workmen not to be awarded by BHEL if command, control and management was with contractor

Bharat Heavy Electricals Ltd. Vs Mahendra Prasad Jakhmola & Ors. (Supreme Court)

Conclusion: Since the workmen was employed by the contractor not by assessee-BHEL  and no wages were ever been paid to them by BHEL as they were in the service of the contractor, therefore,  the workmen was not under the command, control, management of the BHEL and, concomitantly, the contractor had absolutely control over the workmen in performing such duties. More so, assessee-BHEL had nothing to do with the termination of service

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