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M/S Premium Transmission Private Limited v. The State of Maharashtra

Not available · 2026 INSC 87Decided 27 Jan 2026
Not available
Justice Pankaj Mithal · Justice S.V.N. Bhatti

Background

Contract workers alleged their contract-labour arrangement was a sham disguising a true employer-employee relationship, and approached the Conciliation Officer without first serving a formal demand notice on the company; the government referred the dispute to the Industrial Court.

Decision Breakdown

The Supreme Court held a prior written demand isn't a mandatory precondition when an employer denies any employment relationship exists at all, and the government can refer even an "apprehended" dispute. Where workers allege contract labour disguises a real employment relationship, only the Industrial Court can decide that disputed fact.

Lesson Learnt

An employer cannot block a labour dispute merely by raising a technical "no prior demand" objection when workers allege their contract-labour status disguises a real employment relationship.

Official source (sci.gov.in)View Judgment (PDF)

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