2014 (3) TMI 192

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.... Shri N. Viswanathan, Advocate For the Respondent : Shri K.S.V.V. Prasad, JC (AR) ORDER Per P.K. Das; 1. Common issue is involved in these applications and therefore all are taken up together for disposal. In all these cases, the applicants are individuals entered into agreement separately with M/s. Tractors and Farm Equipments Ltd., Madurai (TAFE), who engaged in the business of manuf....

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.... both sides and perused the records. 3. Ld. Advocate drew the attention of the Bench to specimen copy of the agreement between M. Arulprakasam and M/s. TAFE. It is contended that they have not supplied the labourers. In other words, they undertook specific contracts for manufacture, assembly operation at the factory premises of M/s. TAFE. It is also submitted that the workers supplied by the ap....

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....ier. The supplier agrees for use of the services of an individual employed by him to another person for a consideration. The terms of individual's employment maybe laid down in a formal contract or letter of appointment or on a less formal basis. What is relevant is that the staff are not contractually employed by the recipient but come under his direction." He also submits that in many of the ....

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....ords that the applicants obtained licence under the Contract Labour (Regulation & Abolition) Act. Prima facie, it appears that the applicant is a contractor and supplied the labourers to M/s.TAFE, which would come within the definition of "Man Power Supply". In this factual background, the case laws relied upon by the learned advocate would not be applicable. After considering the submission of th....