Supervision Test’ alone is not the determining factor for employer-employee relationship: Andhra Pradesh High Court

Supervision Test' alone is not the determining factor for employer-employee relationship: Andhra Pradesh High Court

Recently, the Andhra Pradesh High Court in Gannina Srinivas, vs. The Secretary To The Government Writ Petition No.15008 of 2019, while examining as to whether the control and supervision by the principal employer on the contract labour will establish employer-employee relationship between them, noted that for determining the employer-employee relationship (a) supervision and control over the work, and (b) economic control, need to be satisfied. The Court while emphasizing on the facts of the present case noted that first test i.e. test of supervision, the petitioners (contract labourers) were not under the control of respondent (principal employer). Since the respondent is dealing with dangerous trade i.e. supply of electricity, the persons working therein under the constant supervision to avoid untoward incident and therefore, the work of the petitioners is being supervised by the highly skilled officers of the respondents and mere supervision on the petitioners by itself is not sufficient to create any relationship of employer and employee.

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July 2022 Issue

Building Better Work Culture -July 2022
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