https://www.taxtmi.com/caselaws?id=171050 A High Court cannot direct absorption of workers treated as contract labour merely because the work is perennial or the workers were engaged through a contractor; absent a Section 10(1) prohibition notification and absent a finding that the contract system is a sham or camouflage, writ jurisdiction cannot create a direct employer-employee relationship. A prior direction to "consider" an absorption claim only requires lawful examination and does not confer a substantive right to absorption, especially where the governing circular excludes contract labour. On that basis, the absorption claim was rejected and the writ relief was not available, while other remedies before the Industrial Tribunal or Court remained open. en-us Fri, 24 Feb 2006 00:00:00 +0530 Thu, 02 Jun 2016 12:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171050 A High Court cannot direct absorption of workers treated as contract labour merely because the work is perennial or the workers were engaged through a contractor; absent a Section 10(1) prohibition notification and absent a finding that the contract system is a sham or camouflage, writ jurisdiction cannot create a direct employer-employee relationship. A prior direction to "consider" an absorption claim only requires lawful examination and does not confer a substantive right to absorption, especially where the governing circular excludes contract labour. On that basis, the absorption claim was rejected and the writ relief was not available, while other remedies before the Industrial Tribunal or Court remained open. Case-Laws Indian Laws Fri, 24 Feb 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171050