Sir,

If a contractual worker engaged through a contractor has been working for more than 240 days, are they entitled to regularization by the Principal Employer? Is there any Supreme Court verdict or law on this issue? Please quote.

Pradeep

From India, Bhubaneswar
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If any contract employee proves that he has been working under the direct control and supervision of the Principal employer, and that the latter interferes in matters connected with wage negotiation and other related matters, and the contract which exists or existed between the contractor and the principal employer has been sham or just for namesake, then he will be deemed to have the right of regularization. On the other hand, if the contract is not sham but genuine, then no employee under the rolls of the contractor can claim regularization even if he has been working for more than 240 days or even years.

Regards, Madhu.T.K

From India, Kannur
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