LABOUR LAW PROJECT

ON
CASE STUDY OF

HUSSAIN BHAI, CALICUT

Vs.
THE ALATH FACTORY THEZHILALI UNION

Submitted to:
Prof. Mahindra Prabu

SRINIVAS AC
B.A., LL.B (HONS.), 5th Semester,
Section- B, BA0130060
Theme / Title

Hussain Bhai, Calicut v. The Alath Factory Thezhilali Union

Employer-Employee in labour law

Synopsis

An employee is a person who works for a management, to produce goods and services for
others and gets paid as a consideration, whereas an employer is a person who controls the
economic condition of a workmen. The relationship between the employer and employee and
the correspondence between the employee directly employed by the management and the
workmen engaged by an independent contractor to work under the management is established
in the paper. Though the meaning of employer employee relationship has got a definition in
our legal system, its interpretation extends wider these days, inclusively of many relations
availed out of disputes between the various types of workers. The case study is about the
concept of tests to determine the employment employee relationship, its applicability is
inferred under Section 2(g) of Industrial Disputes Act, 1947 and in reference to the Articles 32,
38, 42, 43 and 43A of constitution to the situation in order to verify the entrenchment of social
justice and morality. What we follow is a year- old law of land which is rooted in English
Common Law. But the human gap of century yawns between strict doctrine and industrial
jurisprudence. The source and strength of industrial branch of Third World Jurisprudence is
social justice proclaimed in the Preamble to the Constitution. Therefore, it is mandatory to
analyse the strength of social justice achieved through an antique doctrine in this contemporary
world. Raw societal realities, not fine-spun legal niceties, not competitive market economics
but complex principles, shape the law when the weaker, working class sector need an aid for
livelihood through labour.

Research Objective

1. To understand the relationships between employer and employee under various

circumstances
2. To analyse the correspondence between a workmen employed directly; and engaged
through an independent contractor to work under a management
3. To analyse the conceptual confusion between the classical law of contracts and the
special branch of law sensitive to exploitative situations.
Research methodology:

The methodology adopted for research is purely Doctrinal in nature. The present research is
done with the help of primary resources such as statutes, regulations and notices issued by
competent authority. Secondary sources such as books journals and periodicals and legal
Encyclopaedias and more was referred.

Research Question

1. Who is an employee, under Labour law?

2. Whether employee includes a person hired by an independent labour contractor for
creating vinculum juris.?
3. If it is in affirmative, whether the classical law of contracts needs an amendment when
it is sensitive to exploitation?

Tentative Chapterisation:

Introduction
CHAPTER I - Anatomy of the case
CHAPTER II - Employer- Employee relationship
CHAPTER III - Strength of the Antique Doctrine in this Century
Conclusion

Reference\bibliography

Primary sources:

The Industrial Disputes Act ,1947

Indian Contract Act, 1872
Mangalore Ganesh Beedi Works v. Union of India (1974) 4 SCC 43

Secondary sources:

Textbook on Labour and Industrial law by Dr.H.K.Saharay

Labour and Industrial Laws by Prof. K.M.Pillai