Personal driver of a Manager – claim of reinstatement against the Establishment / Company

This is one of the debatable issue and have different opinions among most of individuals. However, this depends upon the facts and circumstances of each case.

As per the ratio of decision of the Supreme Court of India, in this type of issue, the direction and control are the important factors to decide as to whether such drivers are personal drivers of the Managers or the drivers of the Establishment / Company.

If the driver was engaged by the Manager, his salary was fixed by the Manager and he was working under the direction and control of the Manager. Moreover, if the Manager is having right to engage and terminate him. Then in that scenario while applying decision of one of the Allahabad High Court, such drivers will not be the employees of the Establishment / Company although the salary paid to the driver by the Managers was reimbursed by the Establishment / Company.

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Hope this small write up will give insight about pertained subject.

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