Labour Inspector v Patrai (Revision Case No. 96 of 1928)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court held that an employee becomes the servant of the person under whose orders he comes, regardless of intermediary hiring arrangements. The Employment of Natives Ordinance contemplates a personal contract between employer and employee and does not sanction an employer hiring out employees to a third party. When the accused obtained labour through Alam Khan who had signed on natives but hired them out, the natives legally became employees of the accused, requiring endorsement of their certificates under section 6 of the Native Registration Ordinance.
Outcome
Accused convicted of breach of section 6 of the Employment of Natives Ordinance
Facts
The accused agreed to hire labourers from Alam Khan at Sh. 1.50 per diem, with payment made to Alam Khan who had signed on the natives. Alam Khan had employed natives to work on railway construction but had no such work himself and hired them out to the accused who did. The accused did not endorse the natives' certificates as required by the Native Registration Ordinance. The defence argued the natives were not employed for longer than twenty-four hours, thus no endorsement was required. The Magistrate convicted the accused of breaching section 6 of the Employment of Natives Ordinance.
Issues
- Whether an employee becomes the servant of the person under whose orders he comes when hired through an intermediary.
- Whether the Employment of Natives Ordinance contemplates a personal contract between employer and employee or permits an employer to hire out employees to a third party.
- Whether the accused was required to endorse the native's certificate under section 6 of the Native Registration Ordinance when the native worked for him through an intermediary arrangement.
Orders
- Conviction upheld.
Rules and key headnotes
Legislation cited (2)
- Native Registration Ordinance (Cap. 127) s.6
- Employment of Natives Ordinance (Cap. 189)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.