JAIPUR DEVELOPMENT AUTHORITYversusRAM SAHAI AND ANR .
2006 INSC 77231 October 2006Case Partly allowed
The Jaipur Development Authority (JDA), a State entity, terminated the services of daily‑wage worker Ram Sahai on 1 July 1987. Sahai had not completed 240 days of continuous service and the Labour Court held that JDA had violated Sections 25G and 25H of the Industrial Disputes Act, 1947, ordering his reinstatement with…
PONDICHERRY KHADI AND VILLAGE INDUSTRIES BOARDversusP. KULOTHANGAN AND ANR.
2003 INSC 59131 October 2003Appeal(s) allowed
The respondent, a temporary instructor, was absent from work and later denied re‑employment by the appellant. He filed a writ petition in the Madras High Court seeking reinstatement and regularisation, which was dismissed along with his appeal. Subsequently, he raised an industrial dispute before the Labour Court, whic…
WORKMEN REPRESENTED BY SECRETARYversusMANAGEMENT OF REPTAKOS BRETT. AND CO. LTD. AND ANR.
1991 INSC 28131 October 1991Appeal(s) allowed
The Madras‑based Reptakos Brett & Co. had for about thirty years paid its workmen a slab system of Dearness Allowance (DA) linked both to the cost‑of‑living index and to basic wages. In 1983 a dispute led the Industrial Tribunal to abolish the slab system and to order DA to be linked only to the cost‑of‑living index; t…
M/S. MSCO. PVT. LTD.versusUNION OF INDIA & ORS.
1984 INSC 20631 October 1984Dismissed
M/S. MSCO Pvt. Ltd. imported stainless‑steel plates under a 1977 customs notification that granted a concessional duty provided the goods were used to manufacture specified articles and the finished articles were sold only to "industrial units". The company supplied certificates that the plates were used accordingly, b…
INCHARGE OFFICER AND ANR.versusSHANKAR SHETTY
2010 INSC 56131 August 2010Case Partly allowed
Shankar Shetty was engaged as a daily wager by the appellants from 1978 and worked intermittently for about seven years before being terminated in 1985. He claimed that his termination violated Section 25F of the Industrial Disputes Act, 1947, which prescribes a procedure for retrenchment of daily wagers. The Labour Co…
KARNAL LEATHER KARAMCHARI SANGHATAN (REGD.)versusLIBERTY FOOTWEAR COMPANY (REGD.) & ORS.
1989 INSC 26131 August 1989Disposed off
The workers' union (Karnal Leather Karamchar Sanghatan) and Liberty Footwear Company entered into a voluntary arbitration agreement under Section 10‑A of the Industrial Disputes Act, 1947. The arbitrators awarded reinstatement of 159 workers, but the employer challenged the award, arguing procedural irregularities and …
CH. JOSEPHversusTHE TELANGANA STATE ROAD TRANSPORT CORPORATION & OTHER
2025 INSC 92031 July 2025Appeal(s) allowed
The appellant, a driver employed by the Telangana State Road Transport Corporation, was found colour‑blind during a routine medical check and was retired on medical grounds without being offered an alternative post. He claimed entitlement to redeployment under Clause 14 of a 1979 Memorandum of Settlement (MOS) executed…
GUJARAT AGRICULTURAL UNIVERSITYversusALL GUJARAT KAMDAR KARMACHARI UNION
2009 INSC 99431 July 2009Case Partly allowed
The Gujarat Agricultural University and the All Gujarat Kamdar Karmachari Union entered into a settlement in 1980 governing the conditions of service of daily‑rated workers. After a notice to terminate the settlement, the University, following a Gujarat Government notification, declared the 2nd and 4th Saturdays and el…
CENTRAL BANK OF INDIAversusS. SATYAM AND OTHERS
1996 INSC 81231 July 1996Appeal(s) allowed
The Supreme Court considered a civil appeal by the Central Bank of India against a High Court order that granted re‑employment relief to a group of workmen who had been retrenched between 1974 and 1976. The workmen filed a writ petition in 1982 invoking Section 25‑H of the Industrial Disputes Act, 1947, seeking prefere…
WORKMEN OF METRO THEATRE LTD., BOMBAYversusMETRO THEATRE LTD., BOMBAY
1981 INSC 13531 July 1981
The workmen of Metro Theatre Ltd. challenged an Industrial Tribunal award that revised wage scales and dearness allowance effective from 1‑1‑1977, arguing that it should have been retrospective to 1‑1‑1974, that dearness allowance ought to be linked to the cost‑of‑living index, and that the tribunal could grant a more …
DIRECTOR, HORTICULTURE PUNJAB & ORS.versusJAGJIVAN PARSHAD
2008 INSC 42231 March 2008Appeal(s) allowed
The respondent, Jagjivan Parshad, a gardener, was terminated from service in 1997. The Labour Court, under Section 10(1)(c) of the Industrial Disputes Act, 1947, held the termination illegal and ordered reinstatement with 50% back wages, finding that he had worked more than 240 days. A writ petition challenging the awa…
S.M. NILAJKAR AND ORS.versusTELECOM DISTRICT MANAGER, KARNATAKA
2003 INSC 19531 March 2003Appeal(s) allowed
The petitioners, a group of casual workmen employed by the Telecom Department for a temporary cable‑laying project, were terminated when the project ended in 1986‑87. They sought reinstatement, continuity of service and back wages, arguing that their termination fell under sub‑clause (bb) of Section 2(oo) of the Indust…
H.S. CHANDRA SHEKARA CHARIversusTHE DIVISIONAL CONTROLLER, KSRTC AND ANR.
1999 INSC 14131 March 1999Disposed off
H.S. Chandra Shekara Chari was dismissed by the Karnataka State Road Transport Corporation in July 1988. He challenged the dismissal before the Labour Court, which held that the charges against him were not proved and ordered his reinstatement with full back wages. The respondents appealed to the High Court, where the …
ERNAKULAM REGIONAL COOPERATIVE MILK PRODUCERS UNION LTD. ETC.versusNITHU & ORS. ETC.
2024 INSC 23031 January 2024Appeal(s) allowed
The Ernakulam Regional Cooperative Milk Producers Union Ltd. issued a 2011 notification for regular recruitment of Plant Attender, Grade‑III, prompting several workers to claim they were casual labourers who had served over 240 days in the preceding year and thus were entitled to regularisation under the Industrial Dis…
DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusKALAWATI PANDURANG FULZELE
2022 INSC 12531 January 2022Case Partly allowed
Kalawati Pandurang Fulzele was appointed by the Maharashtra State Road Transport Corporation (MSRTC) as a sweeper on a contractual basis with a fixed honorarium of Rs 500 per month and served for about four years before being terminated in August 1994. She filed a complaint alleging that her termination violated Sectio…
ASST. ENGINEER, RAJASTHAN DEV. CORP. & ANR.versusGITAM SINGH
2013 INSC 6831 January 2013Case Partly allowed
The Supreme Court examined an appeal by the employer, Asst. Engineer, Rajasthan Development Corp., against a Labour Court award that ordered reinstatement of a daily‑wage workman, Gitam Singh, with continuity of service and 25% back wages after his termination was held to violate Section 25‑F of the Industrial Disputes…
L.K.VERMAversusH.M.T. LTD. AND ANR.
2006 INSC 5231 January 2006Dismissed
L.K. Verma, a Safety Officer, was charged with using abusive language and threatening a superior and was placed under suspension. He appealed the suspension to the Labour Commissioner under Rule 14 of the U.P. Factories (Safety Officers) Rules, 1984, but was dismissed from service while the appeal was pending. The Labo…
SOUTH MALABAR GRAMIN BANKversusCO-ORDINATION COMMITTEE OF SOUTH MALABAR GRAM IN BANK H1PLOYEES UNION AND SOUTH MALABAR GRAMIN BANK OFFICERS FEDERATION AND ORS.
2001 INSC 5931 January 2001Disposed off
The case arose from writ petitions under Article 32 seeking pay parity for employees of South Malabar Gramin Bank (a Regional Rural Bank) with employees of nationalised commercial banks. A National Industrial Tribunal, chaired by Justice S. Obul Reddi, awarded parity based on the 4th and 5th Bipartite Settlements and t…
MIS. FABRIL GASOSAversusLABOUR COMMISSIONER AND ORS.
1997 INSC 8031 January 1997Dismissed
M/s. FabriL Gasosa entered into a written settlement with the employees' union in 1986 providing for Variable Dearness Allowance (VDA). The union later gave notice of termination and issued a fresh charter of demands, but did not alter the VDA rate. The employer unilaterally froze VDA and claimed an oral agreement to t…
M. VENUGOPALversusTHE DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, MACHILIPATNAM, ANDHRA AND ANR.
1994 INSC 3531 January 1994Dismissed
M. Venugopal was appointed as a Development Officer of Life Insurance Corporation (LIC) on a one‑year probation, later extended to two years, with a condition that he achieve a minimum business target for confirmation. He failed to meet the target and his service was terminated during the extended probation period unde…
M.C.MEHTAversusUNION OF INDIA AND ORS.
1996 INSC 153430 December 1996Disposed off
The Supreme Court entertained a public‑interest writ petition filed by environmental activist M.C. Mehta alleging that emissions from coke/coal‑using industries in the Taj Trapezium Zone (TTZ) were causing severe atmospheric pollution and damaging the Taj Mahal. Expert reports (NEERI, Varadharajan Committee) establishe…
RUTH SORENversusMANAGING COMMITTEE, EAST I.S.S.D.A. AND ORS.
2000 INSC 55530 November 2000Dismissed
Ruth Soren, a former employee of an educational institution, was terminated and filed an application under Section 26(2) of the Bihar Shops and Establishments Act, 1953 before the Labour Court seeking reinstatement. The Labour Court ordered her reinstatement, but the institution appealed, contending that it was not an …
MANAGEMENT, HINDUSTAN MACHINE TOOLS LTDversusGHANSHYAM SHARMA
2018 INSC 101630 October 2018Case Partly allowed
The respondent, Ghanshyam Sharma, worked as a casual helper for Management, Hindustan Machine Tools Ltd. from 10 June 1976 to 30 July 1977 and was terminated by an oral order on 31 July 1977. The termination gave rise to an industrial dispute that was referred to the Labour Court, which awarded reinstatement with conti…
MANAGEMENT OF M/S. MYSORE STRUCTURALS LTD. AND ORS.versusSTATE OF KARNATAKA AND ANR.
2001 INSC 54130 October 2001Disposed off
MIS Mysore Structurals Ltd. terminated three workmen, prompting an industrial dispute. The Labour Court awarded reinstatement with back wages, an award that became final but was not implemented by the company. The workers' union sought and obtained sanction under Section 34 of the Industrial Disputes Act to prosecute t…
RAJASTHAN STATE ROAD TRANSPORT CORPORATIONversusBHARAT SINGH JHALA (DEAD) SON OF SHRI NATHU SINGH, THROUGH LEGAL HEIRS & ANR.
2022 INSC 104830 September 2022Appeal(s) allowed
A. SATYANARAYANA REDDY AND OTHERSversusPRESIDING OFFICER, LABOUR COURT AND OTHERS
2016 INSC 120230 September 2016Appeal(s) allowed
The appellants were employees of a government undertaking who were laid off and later transferred to another company. The Government of Andhra Pradesh issued a Voluntary Retirement Scheme (VRS) offering a special compensation package, which the appellants accepted, but the VRS did not provide for lay‑off compensation. …
M/S. JAINHIND ROADWAYSversusMAHARASHTRA RAJYA MATHADI TRANSPORT AND GENERAL KAMGAR UNION AND ORS.
2005 INSC 46330 September 2005Disposed off
The dispute concerned a reference under the Industrial Disputes Act, 1947 involving transport employers and workmen who had entered into settlements during the pendency of the industrial tribunal proceedings. The tribunal rejected the settlements, deeming them unfair and fixing what it called "fair wages" instead of th…
STEEL AUTHORITY OF INDIA LTD. AND ORS. ETC. ETC.versusNATIONAL UNION WATER FRONT WORKERS AND ORS, ETC. ETC.
2001 INSC 40730 August 2001
The Supreme Court examined three questions: the meaning of "appropriate Government" under the Contract Labour (Regulation and Abolition) Act, 1970; the validity of the Central Government's 9 December 1976 notification prohibiting contract labour in Central Government companies; and whether such a prohibition automatica…
BANK OF INDIA AND ANR .versusTARUN KR. BISWAN AND ORS.
2007 INSC 79330 July 2007Appeal(s) allowed
The Bank of India had a scheme for "Budlee Sepoys" whereby temporary workers could be absorbed into permanent posts only after completing 240 working days in a block year. Several such workers filed writ petitions seeking regularisation, claiming they had satisfied the 240‑day requirement. The Calcutta High Court Singl…
APOLLO TYRES LTD.versusC.P. SABASTIAN
2009 INSC 65130 April 2009Appeal(s) allowed
The plaintiff, an employee of Apollo Tyres Ltd., filed a civil suit seeking declaration that he remained a workman, challenging his transfer, restraining the employer from forcing a promotion, and protecting his trade‑union activities. The employer contended that the civil court lacked jurisdiction over matters relatin…
RESERVE BANK OF INDIA & ORS.versusC.N. SAHASRANAMAN & ORS.
1986 INSC 10030 April 1986Appeal(s) allowed
The Reserve Bank of India (RBI) introduced a promotion scheme for staff officers (Grade II/A) based on centre‑wise seniority and a fixed ratio of candidates to vacancies, as set out in Administrative Circulars No. 8 and 9 of 13 May 1972. Three Grade‑II clerks at the Nagpur branch challenged the clause that limited the …
SMT. USHA RANI DATTA, AAYA/ ATTENDANT AND OTHERSversusSTATE INDUSTRIAL COURT, INDORE & ORS.
1985 INSC 11230 April 1985Appeal(s) allowed
The Supreme Court examined whether the Urban Family Planning Clinic set up by the Government of India at Bhilai Steel Plant was an independent undertaking or an integral part of the plant. The petitioners, who were attendants at the clinic, claimed continuous service from 1964 for purposes of gratuity, retrenchment and…
UPENDRA CHANDRA CHAKRABORTY AND ANR.versusUNITED BANK OF INDIA
1985 INSC 11030 April 1985Dismissed
Two employees of United Bank of India claimed that the annual bonus paid on the eve of Pooja had become a customary bonus, unrelated to the bank's profits, and thus a condition of service giving them a legal right under Section 33‑C(2) of the Industrial Disputes Act, 1947. The bank contended that the bonus varied in ra…
THE MAHARASHTRA STATE COOPERATIVE HOUSING FINANCE CORPORATION LTD.versusPRABHAKAR SITARAM BHADANGE
2017 INSC 29630 March 2017Appeal(s) allowed
The Maharashtra State Cooperative Housing Finance Corporation, a cooperative society, dismissed its employee Prabhakar Sitaram Bhadange for alleged misconduct. Bhadange challenged the dismissal before the Cooperative Court, which the corporation contested on the ground that the Court lacked jurisdiction under Section 9…
SECRETARY, HARYANA STATE ELECTRICITY BOARDversusSURESH AND ORS. ETC. ETC.
1999 INSC 13730 March 1999Dismissed
The Haryana State Electricity Board (the Board) awarded a cleaning contract to a contractor, Kashmir Singh, who supplied 42 safai karamcharis. After the workers completed more than 240 days of service, they claimed permanent absorption under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970. The Labo…
UNION OF INDIA & ORS.versusK. SURI BABU
2023 INSC 103329 November 2023Dismissed
K. Suri Babu, a helper (workman) employed by Nuclear Fuel Complex, Hyderabad, was alleged to have submitted a forged Class VI certificate and disciplinary action was initiated under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCA Rules). The respondent contended that, as a workman, disc…
AMAR CHAKRAVARTY & ORS.versusMARUTI SUZUKI INDIA LTD.
2010 INSC 82829 November 2010Appeal(s) allowed
Amar Chakravarty and other workmen were dismissed by Maruti Suzuki India Ltd. on allegations of grave misconduct without being afforded a domestic enquiry. The workmen raised an industrial dispute, which was referred to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act, 1947. The Labour Court initi…
DISTRICT TRANSPORT MANAGER (ADMN.) O.S.R.T.C., ORISSAversusDILIP KUMAR NAYAK AND ANR.
1996 INSC 141429 November 1996Disposed off
The respondent, a conductor employed in the Baripada zone of the Orissa State Road Transport Corporation, was dismissed for misconduct while an industrial dispute involving an employee in the Bhadrak zone was pending before the Industrial Tribunal. The respondent sought relief under Section 33(1)(a) of the Industrial D…
M/S. ESSEN DEINKIversusRAJIV KUMAR
2002 INSC 44829 October 2002Leave granted
The respondent, a helper employed from 1 July 1990 to 26 February 1991, was terminated for unsatisfactory work. Section 25F of the Industrial Disputes Act, 1947 protects a workman only if he has completed at least 240 days of service in the preceding 12 months. The Labour Court held that the workman had worked only 219…
STATE OF ORISSA AND ORS.versusBALARAM SAHU AND ORS.
2002 INSC 45029 October 2002Appeal(s) allowed
The petitioners, who were daily‑wage/N.M.R. workers in various Orissa government projects, filed writ petitions seeking regularisation of their services and equal pay with regular staff on the ground that they performed the same duties, invoking Article 14 of the Constitution. The Orissa High Court allowed the petition…
C.P. AGRAWAL ETC. ETC.versusP.O. LABOUR COURT AND ANR.
1996 INSC 124229 October 1996Dismissed
The appellants, employees of the Steel Authority of India, claimed they were illegally denied promotion to the post of E‑1 despite their juniors being promoted, alleging a violation of Article 16 of the Constitution and that the promotion rules altered their conditions of service under Section 33‑A of the Industrial Di…
H.M.T. LTD.versusH.M.T. HEAD OFFICE EMPLOYEES ASSOCIATION AND ORS.
1996 INSC 125229 October 1996Disposed off
The case concerned five public‑sector undertakings whose workmen had gone on an illegal but justified strike demanding wage parity with BHEL, followed by a lock‑out declared by management. The National Industrial Tribunal awarded the workers 35% of their wages for the strike and lock‑out periods, disallowed set‑off of …
MANAGEMENT OF HEAVY ENGINEERING CORPORATION LTD.versusPRESIDING OFFICER, LABOUR COURT AND ORS.
1996 INSC 125329 October 1996Appeal(s) allowed
The Management of Heavy Engineering Corporation appointed a doctor on an ad‑hoc six‑month contract to run a first‑aid post in shifts, supervising a male nurse, attendant, sweeper and ambulance driver. Upon completion of the contract the corporation terminated his services without giving the one‑month notice or compensa…
PUNJAB NATIONAL BANK AND ORS.versusMANJEET SINGH AND ANR.
2006 INSC 67629 September 2006Appeal(s) allowed
Deposit collectors employed under various banks' Daily Deposit Schemes raised an industrial dispute seeking regular pay scales and service conditions. The dispute was referred to the Industrial Tribunal under Section 18(3)(d) of the Industrial Disputes Act, 1947, which awarded their absorption as regular staff and othe…
JAI BHAGWANversusTHE MANAGEMENT OF THE AMBALA CENTRAL COOPERATIVE BANK LIMITED AND ANOTHER
1983 INSC 13429 September 1983Appeal(s) allowed
The appellant, a clerk‑cum‑cashier of Ambala Central Co‑operative Bank, was suspended and later terminated after a customer alleged a bogus cheque. No charge‑sheet or notice to show cause was served, and the internal enquiry did not find him guilty. The Industrial Tribunal upheld the termination despite the lack of evi…
JASWANT SINGH & ORS. ETC.versusUNION OF INDIA AND ORS. ETC.
1979 INSC 16229 August 1979Dismissed
The petitioners, who were engineers and other staff employed for the Beas Project, challenged orders of retrenchment, claiming they were employees of the Central Government, governed by the Central Civil Services (Temporary Service) Rules, 1965, and entitled to quasi‑permanent status and transfer to the Bhakra Beas Man…
SAMARJIT GHOSHversusBENNETT COLEMAN & COMPANY AND ANOTHER
1987 INSC 16629 June 1987Appeal(s) allowed
S. Ghosh, a journalist employed at the Calcutta branch of Bennett Coleman & Co., applied to the West Bengal Government under section 17(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) Act, 1955 for recovery of unpaid wages. After conciliation failed, the West Bengal Government referr…
HINDUSTAN SANITARYWARE AND INDUSTRIES LTD. & OTHERSversusTHE STATE OF HARYANA
2019 INSC 58429 April 2019Appeal(s) allowed
The State of Haryana issued notifications under Section 5(2) of the Minimum Wages Act, 1948 fixing and revising minimum rates of wages, including provisions that classified unskilled workers as semi‑skilled after a certain period of experience, prohibited segregation of wages into allowances, included security staff as…
M/S ARIANE ORGACHEM PVT. LTD.versusWYETH EMPLOYEES UNION & ORS.
2015 INSC 37229 April 2015Dismissed
The appellant, Ariane Orgachem Pvt. Ltd., took over the Wyeth Ltd. pharmaceutical factory and its workers under s.25FF of the Industrial Disputes Act, 1947. It later introduced a Voluntary Retirement Scheme (VRS) which 45 of the 143 workers accepted. The Wyeth Employees Union later demanded reinstatement of those worke…
A. SATYANARAYANA REDDY AND ORS.versusTHE PRESIDING OFFICER, LABOUR COURT, GUNTUR & ORS.
2008 INSC 53929 April 2008Matter referred to larger bench
The appellants, former employees of a government‑owned sugar undertaking, opted for a Voluntary Retirement Scheme (VRS) and received the special compensation prescribed by a Government Order. They later claimed lay‑off compensation for a period preceding the VRS, filing applications under Section 33C(2) of the Industri…
USHA BRECO MAZDOOR SANGHversusMANAGEMENT OF M/S. USHA BRECO LTD. AND ANR.
2008 INSC 54429 April 2008Dismissed
The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the domestic enquiry, re‑apprec…
HALDIA REFINERY CANTEEN EMPS. UNION AND ORS.versusM/S. INDIAN OIL CORPORATION LTD. AND ORS.
2005 INSC 24029 April 2005Dismissed
The appellants, workers employed in a statutory canteen of Indian Oil Corporation Ltd. (IOCL) at Haldia, were engaged through a contractor. They sought a writ directing IOCL to absorb and regularise them, arguing that the canteen is a statutory requirement under the Factories Act and that IOCL exercised control over th…
UNION OF INDIAversusSHREE GAJANAN MAHARAJ SANSTHAN
2002 INSC 24529 April 2002Case Partly allowed
Shree Gajanan Maharaj Sansthan, a charitable trust, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to fix a date for bringing Section 2(c) of the Industrial Disputes (Amendment) Act, 1982 into force, which would exclude charitable organisations from the definition of "industry". …
UNION OF INDIA AND ANR.versusMOHAN PAL ETC. ETC.
2002 INSC 24729 April 2002Disposed off
The Supreme Court examined the 1993 Department of Personnel and Training scheme that confers "temporary" status on casual labourers. It held that the scheme is a one‑time programme applicable only to those who were employed on the scheme's commencement date and who have completed at least one year of continuous service…
MANAGEMENT OF M/S. PURI URBAN COOPERATIVE BANKversusMADHUSUDAN SAHU AND ANR.
1992 INSC 14329 April 1992Appeal(s) allowed
The Puri Urban Cooperative Bank engaged Madhusudan Sahu as an appraiser on a commission basis to weigh and assess gold ornaments pledged for loans, with his services terminable at any time. After about 19 months the bank terminated his engagement, and the Labour Court, on a government reference, set aside the terminati…
SANTOSH GUPTAversusSTATE BANK OF PATIALA
1980 INSC 9729 April 1980Appeal(s) allowed
Santosh Gupta, a woman employee of State Bank of Patiala, was terminated on 21 August 1974 after failing a test required for confirmation. She contended that the termination amounted to "retrenchment" under Section 2(oo) of the Industrial Disputes Act, 1947, thereby invoking the procedural and compensation requirements…
SUNIL KUMAR BISWASversusORDINANCE FACTORY BOARD & ORS.
2019 INSC 43629 March 2019Dismissed
Sunil Kumar Biswas and four other employees had worked for the Ordinance Factory Board for 25 years and sought regularisation of their services. They filed an original application before the Central Administrative Tribunal (CAT), which dismissed their claim, leading them to file a writ petition in the Calcutta High Cou…
NAR SINGH PALversusUNION OF INDIA AND ORS.
2000 INSC 16929 March 2000Appeal(s) allowed
Nar Singh Pal, a casual labourer who had acquired temporary status in the Telecom Department, was terminated in May 1992 on the basis of alleged assault and pending criminal charges under the IPC. The termination was effected by paying retrenchment compensation without a regular departmental enquiry. Pal was later acqu…
UNION OF LNDIA AND ORS.versusDHARMA PAL AND ORS. ETC.
1996 INSC 46629 March 1996Disposed off
The case concerned the regularisation and remuneration of approximately 3,647 daily‑wage/casual workers employed by the Chandigarh Administration. The Central Administrative Tribunal had directed that these workers be paid full Dearness Allowance (DA), House Rent Allowance (HRA) and City Compensatory Allowance (CCA), w…
PARIMAL CHANDRA AND ORS.versusLIFE INSURANCE CORPORATION OF INDIA AND ORS.
1995 INSC 22929 March 1995Appeal(s) allowed
Parimal Chandra and other canteen workers of the Life Insurance Corporation of India (LIC) filed a writ petition seeking to be treated as regular employees of LIC and to receive the minimum salary paid to Class IV employees, invoking the principle of equal pay for equal work. The High Court initially granted the relief…
ASSOCIATED CEMENT COMPANIES LTD. ETC.versusT.C. SHRIVASTAVA & ORS.
1984 INSC 7329 March 1984Disposed off
Four quarry workers were charged with misconduct for participating in an illegal strike and related acts, and after giving written explanations they were subjected to a departmental inquiry that found them guilty. The General Manager dismissed all four under Standing Order No. 17, which the arbitrator later held requir…
PEPSU ROAD TRANSPORT CORP.versusRAWEL SINGH
2008 INSC 27629 February 2008Case Partly allowed
Rawel Singh, a driver with Pepsu Road Transport Corporation, was absent from duty without sanctioned leave. After notice and a charge sheet, a disciplinary enquiry was held ex parte because he failed to appear, leading to his termination. He obtained reinstatement from civil courts, which allowed the corporation to con…
AJAY MALIKversusSTATE OF UTTARAKHAND & ANR.
2025 INSC 11829 January 2025Appeal(s) allowed
The case arose from FIR No. 60/2017 alleging wrongful confinement, trafficking and conspiracy against Ajay Malik for employing a tribal domestic worker. Malik sought quashing of the criminal proceedings and compounding of the offences, supported by a no‑objection affidavit from the complainant, while the State opposed …
ROURKELA SHRAMIK SANGHversusSTEEL AUTHORITY OF INDIA LTD. AND ANR.
2003 INSC 4329 January 2003Dismissed
The workmen of Rourkela Steel Plant, represented by Rourkela Shramik Sangh, sought regularisation of their services through a writ petition, invoking the Supreme Court's earlier directions that disputes on identification of eligible workmen be referred to the Chief Labour Commissioner (CLC). The CLC, acting under those…
I.T.C. LTD. WORKERS WELFARE ASSOCIATION AND ANR.versusTHE MANAGEMENT OF I.T.C. LTD. AND ANR.
2002 INSC 5529 January 2002Dismissed
The case concerned a Platinum Jubilee Pension Scheme introduced by ITC Ltd., whose eligibility was limited to employees retiring on or after 24‑August‑1986 as per a settlement reached under Section 12(3) of the Industrial Disputes Act during conciliation proceedings. Retired workers who left before that date challenged…
INDIAN PETROCHEMICALS CORPN. LTD.versusSHARMIK SENA AND ANR.
2001 INSC 4929 January 2001Appeal(s) allowed
A.V. NACHANE & ANOTHERversusUNION OF INDIA & ANOTHER
1981 INSC 21128 December 1981Case Partly allowed
The Supreme Court examined the constitutional validity of the Life Insurance Corporation (Amendment) Act 1981, the accompanying Ordinance and the Bonus and Dearness Allowance Rules, which sought to retrospectively nullify the 1974 settlements granting cash bonuses to Class III and IV employees of the Life Insurance Cor…
DISTRICT DEVELOPMENT OFFICER & ANR.versusSATISH KANTILAL AMRELIA
2017 INSC 114828 November 2017Case Partly allowed
The respondent, a daily‑wage peon‑cum‑driver employed by the Gujarat Panchayat Department, was terminated in February 1992. He challenged the termination in both a civil suit and an industrial reference before the Labour Court, which held that the termination violated Section 25‑G of the Industrial Disputes Act and ord…
SARVA SHRAMIK SANGHATANA (K.V.) MUMBAIversusSTATE OF MAHARASHTRA AND OTHERS
2007 INSC 119928 November 2007
Century Industries Textiles Ltd., after offering a Voluntary Retirement Scheme that left only 275 workers, filed an application under s.25‑0(1) of the Industrial Disputes Act, 1947 seeking permission to close its mill. The company later withdrew this application to pursue an amicable settlement after a meeting was call…
SARVA SHRAMIK SANGHversusMIS. INDIAN SMELTING AND REFINING CO. LTD. AND ORS.
2003 INSC 56928 October 2003Dismissed
The appellants, a workers' union, challenged a complaint filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, arguing that the employer‑employee relationship with the principal employer was disputed and should be decided under the Industrial Disputes Act, 1947. Th…
KARAN SINGHversusM/S EXECUTIVE ENGINEER HARYANA STATE MARKETING BOARD
2007 INSC 98828 September 2007Appeal(s) allowed
Karan Singh, a former DPL of the Haryana State Marketing Board, was terminated in October 1994 without due process, allegedly violating Section 25F of the Industrial Disputes Act, 1947. He filed a claim six years later, in 2000, seeking reinstatement and back wages. The State Government referred the dispute to the Labo…
U.B. GADHE AND ORS. ETC. ETCversusG.M. GUJARAT AMBUJA CEMENT PVT. LTD.
2007 INSC 99128 September 2007Disposed off
The employer, a public utility, dismissed eight workmen after they participated in a five‑month illegal strike. The Labour Court held the strike unlawful, set aside the dismissals and ordered reinstatement without back wages. The Gujarat High Court reversed that award, holding that once the misconduct was proved the La…
U.P. STATE ROAD TRANSPORT CORPORATIONversusSHRJ BIRENDRA BHANDARI
2006 INSC 66328 September 2006
The respondent filed a claim under Section 33C(2) of the Industrial Disputes Act, 1947 seeking arrears of salary, leave encashment and dearness allowance arising from the 5th Pay Commission recommendations. The Labour Court ordered payment, and the High Court upheld that order. On appeal, the Supreme Court held that Se…
AIR INDIA LTD. AND ORS.versusVISHAL KAPOOR AND ORS.
2005 INSC 45228 September 2005Appeal(s) allowed
The dispute concerned seniority of Air India co‑pilots: whether it should be based on the date a pilot obtained an Air Lines Transport Pilot (ALTP) licence or on the date of entry as a co‑pilot with only a Commercial Pilot Licence (CPL). The ‘Adhikari group’ (ex‑IAF/Navy pilots with ALTP) challenged Clause 7(C) of a 19…
HINDUSTAN LEVER AND ORS.versusHINDUSTAN LEVER MAZDOOR SABHA AND ORS.
1993 INSC 31328 September 1993Dismissed
The Government of Maharashtra issued a notification under section 13 of the Maharashtra Workmen's Minimum House‑Rent Allowance Act, 1983, exempting factories in certain zones from the Act's house‑rent allowance provisions for workers whose wages exceeded specified ceilings, thereby reducing the allowance below the stat…
MAHARASHTRA STATE ROAD TRANSPORT CORPN. AND ANR.versusCASTERIBE RAJYA P. KARMCHARI SANGHATANA
2009 INSC 109128 August 2009Dismissed
The Supreme Court examined whether Maharashtra State Road Transport Corporation (MSRTC) could be compelled to grant permanent status, wages and benefits to bus‑cleaners who had been employed as casuals, and whether complaints filed by an unrecognised union under item 6 of Schedule IV of the Maharashtra Recognition of T…
B. SRINIVASA REDDYversusKARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD EMPLOYEES ASSOCIATION AND ORS.
2006 INSC 56128 August 2006Appeal(s) allowed
B. Srinivasa Reddy, a retired Chief Engineer, was re‑appointed as Managing Director of the Karnataka Urban Water Supply & Drainage Board on a contractual basis "until further orders". The Karnataka Urban Water Supply & Drainage Board Employees' Association, an unregistered trade union, challenged the appointment by fil…
WORKMEN EMPLOYED BY HINDUSTAN LEVER LTD.versusHINDUSTAN LEVER LIMITED
1984 INSC 16028 August 1984Appeal(s) allowed
The workmen of Hindustan Lever Ltd. sought confirmation in the higher grades in which they had been acting for more than three months, claiming that they should be made permanent and receive retrospective benefits. The employer contended that the dispute was not an industrial dispute because it related to promotion, a …
BIECCO LAWRIE LTD. & ANR.versusSTATE OF WEST BENGAL & ANR.
2009 INSC 95728 July 2009Appeal(s) allowed
Biecco Lawrie Ltd. dismissed a mazdoor, Provash Chandra Mondal, for major misconduct including insubordination and abusive language. The industrial tribunal initially upheld the dismissal, but on remand set it aside, citing violation of natural justice. The High Court affirmed the tribunal’s order, and the employee sou…
M/S. HARI FERTILIZERS ETC.versusSTATE OF U.P. AND ORS.
2000 INSC 36028 July 2000Dismissed
The appellant company terminated several workmen in 1985 and later closed its factory in 1988‑89, terminating seven additional workmen. A settlement agreement was executed on 19 October 1989 between the company and the trade union, covering disputes of the seven workmen terminated due to the closure. The company sought…
KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI
2009 INSC 62928 April 2009Appeal(s) allowed
The workman, a daily‑wage employee of Krishna Bhagya Jala Nigam Ltd., claimed that his termination in 1996 violated Section 25‑F of the Industrial Disputes Act, 1947, and sought reinstatement with back wages. The Labour Court held the termination illegal and ordered reinstatement, but the employer challenged the award …
STATE OF GUJARAT AND ANR.versusPJ. KAMPAVAT AND ORS.
1992 INSC 13128 April 1992Appeal(s) allowed
In 1985 the Gujarat Government permitted the Chief Minister and other ministers to appoint persons on a purely contractual basis, co‑terminus with the ministers' tenure and without any right of absorption. Twelve such appointees were terminated in December 1989 when a new government came to power. They filed writ petit…
TELCO CONVOY DRIVERS MAZDOOR SANGH & ANR.versusSTATE OF BIHAR & ORS.
1989 INSC 15228 April 1989Appeal(s) allowed
The Telco Convoy Drivers Mazdoor Sangh, representing about 900 convoy drivers of Tata Engineering & Locomotive Co., demanded permanent status and facilities, asserting that the drivers were workmen of the company. The Deputy Labour Commissioner, relying on a 1973 Law Department opinion that no master‑servant relationsh…
STATE OF HIMACHAL PRADESH AND ANR.versusRAVINDER SINGH
2008 INSC 41928 March 2008Case Partly allowed
The respondent, a daily‑wage worker in the Himachal Pradesh Horticulture Department, sought regularisation as a clerk after ten years of service. The State offered him regularisation as a "Chowkidar," which he refused, leading to termination of his daily‑wage engagement and an industrial dispute. The Labour Court dismi…
RAMAKRISHNA MISSION & ANR.versusKAGO KUNYA & ORS.
2019 INSC 29528 February 2019Appeal(s) allowed
The respondent, a hospital employee, challenged his superannuation order by filing a writ petition under Article 226 against Ramakrishna Mission and its hospital, alleging that the institution was a 'State' within Art.12 and thus amenable to writ jurisdiction. The High Court initially held the Mission to be a State and…
SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.
2007 INSC 23228 February 2007Disposed off
The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of Service) Act, 1976, bein…
HARYANA STATE COOP. LAND DEVELOPMENT BANKversusNEELAM
2005 INSC 10928 February 2005Appeal(s) allowed
Neelam was appointed on an ad‑hoc basis as a typist with Haryana State Cooperative Land Development Bank from January 1985 until May 1986, after which she joined the Haryana Urban Development Authority. Following a successful industrial dispute by similarly situated employees, she filed a writ petition in the Punjab & …
RAE BARELI KSHETRIYA GRAMIN BANKversusBHOLA NATH SINGH AND ORS.
1997 INSC 21028 February 1997Appeal(s) allowed
The respondent, a cashier‑cum‑clerk of Rae Bareli Kshetriya Gramin Bank, was charged with forging signatures and fraudulently withdrawing Rs 28,500. An ex‑parte inquiry found him guilty, a show‑cause notice was issued, and the disciplinary authority dismissed him; the dismissal was affirmed by the Board. The respondent…
EMPLOYERS IN RELATION TO THE MANAGEMENT OF RESERVE BANK OF INDIAversusTHEIR WORKMEN
1996 INSC 32728 February 1996Appeal(s) allowed
The Reserve Bank of India (RBI) provided canteen facilities for its Class III and IV employees through three arrangements – an Implementation Committee, co‑operative societies and contractors – but had no statutory duty to run these canteens. The Central Government Industrial Tribunal held that 166 canteen workers were…
WORKMEN OF THE FOOD CORPORATION OF INDIAversusM/S. FOOD CORPORATION OF INDIA
1985 INSC 4028 February 1985Appeal(s) allowed
The case concerned 464 labourers at the Food Corporation of India's Siliguri depot who were originally employed through a contractor. In 1973 the corporation abolished the contractor and introduced a direct payment system, paying wages directly to the workers via Sardar/Mondal agents. The corporation later, in 1975, re…
TAPASH KUMAR PAULversusBSNL & ANR.
2014 INSC 5928 January 2014Appeal(s) allowed
Tapash Kumar Paul, a workman employed by BSNL, was terminated in violation of Section 25‑F of the Industrial Disputes Act, 1947. The Central Government Industrial Tribunal ordered his reinstatement but awarded only Rs 20,000 as compensation for back wages because the management failed to produce records of his actual d…
BALWANT SINGH AND ORS.versusANAND KUMAR SHARMA AND ORS.
2003 INSC 4228 January 2003Dismissed
The landlord filed an eviction suit against the tenants under the Bihar Buildings (Lease, Rent & Eviction) Control Act alleging default in rent payment. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed eviction for default. The second appellate court and the Patna Hig…
THE NEDUNGADI BANK LTD.versusK.P. MADHAVANKUTTY AND ORS.
2000 INSC 3628 January 2000Appeal(s) allowed
The respondent, a clerk of Nedungadi Bank Ltd., was dismissed in 1972 for misappropriation of funds following a disciplinary inquiry. After about seven years he sought reinstatement, alleging discrimination because two other dismissed employees had been reinstated, and applied to the Central Government under Section 10…
INDIAN BANKversusK. USHA AND ANR. ETC. ETC.
1998 INSC 4228 January 1998
The Bank of Thanjavur was amalgamated with Indian Bank under a Scheme of Amalgamation framed pursuant to Section 45 of the Banking Regulation Act, 1949. The heirs of employees who died while in service of the transferor bank claimed compassionate appointments based on a 1982 settlement entered into under Section 2(p) o…
UTTARANCHAL FOREST HOSPITAL TRUSTversusDINESH KUMAR
2007 INSC 118927 November 2007Appeal(s) allowed
The respondent, Dinesh Kumar, claimed that he was employed as a sweeper by the Uttaranchal Forest Hospital Trust from 1 July 1995 to 16 August 1996 and was terminated without notice or retrenchment allowance. He alleged that he had rendered more than 240 days of service in the year preceding his termination, invoking S…
HINDALCO INDUSTRIES LTD.versusUNION OF INDIA AND ORS.
2003 INSC 67727 November 2003Dismissed
Hindalco Industries Ltd, a public limited company engaged in bauxite mining, was ordered by the Divisional Forest Officer to stop mining in forest land and to submit maps and records. The company declared a lay‑off on 31 July 1993 and closed the mine on 19 August 1993. It applied for permission to close the undertaking…
REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION TRICHURversusRAMANUJA MATCH INDUSTRIES
1984 INSC 21827 November 1984Dismissed
K.V. ANIL MITHRA & ANR.versusSREE SANKARACHARYA UNIVERSITY OF SANSKRIT & ANR.
2021 INSC 67927 October 2021Case Partly allowed
The appellants, daily‑wage non‑teaching staff of Sree Sankaracharya University, were regularised in 1996 and de‑regularised in 1997, leading to their termination. The University argued that the appointments were irregular and therefore fell outside the protection of the Industrial Disputes Act, 1947. The Industrial Tri…
M/S. NEW VICTORIA MILLS & ORS.versusSHRIKANT ARYA
2021 INSC 55227 September 2021Appeal(s) allowed
The respondent, a supervisor at New Victoria Mills, applied for the Modified Voluntary Retirement Scheme (MVRS) by submitting a resignation on 12 July 2002. He later requested that his resignation be kept suspended until his provident fund dues were cleared, but the employer accepted his resignation on 28 May 2003, sim…
M/S THERMAX LTD. & ORS.versusK.M. JOHNY & ORS.
2011 INSC 71627 September 2011
Thermax Ltd. entered into purchase orders with K.M. Johny’s firms for storage tanks and consumables. The contracts fell apart and Johny alleged non‑payment of large sums, filing three earlier complaints that were closed as civil matters. In 2002 he lodged another complaint before a magistrate alleging offences under Se…
STATE OF UPversusBRIJPAL SINGH
2005 INSC 44927 September 2005Appeal(s) allowed
Brijpal Singh was appointed as a seasonal clerk on a temporary basis and his services were terminated on 3 July 1987. He obtained a stay of the termination order from the Allahabad High Court but did not resume work. Six years later, relying on the stay, he filed an application under Section 33C(2) of the Industrial Di…
EXECUTIVE ENGINEER ZP ENGG. DIVN. AND ANR.versusDIGAMBARA RAO
2004 INSC 55027 September 2004Appeal(s) allowed
The respondents, employed as daily‑wage engineers under a government scheme, were terminated in 1996 and filed writ petitions seeking regularisation, a direction not to discontinue their services and arrears of salary. The Karnataka High Court dismissed the writ petitions, finding that their services had been terminate…
M/S. SANGHAM TAPE COMPANYversusHANS RAJ
2004 INSC 55127 September 2004Dismissed
The employee, Hans Raj, had received a full and final settlement from Sangham Tape Company but later filed a reference petition before the Labour Court seeking reinstatement and back wages. The Labour Court passed an ex‑parte award on 5 February 1996. The employer applied to set aside the award, but the application was…
STATE OF PUNJABversusJAGIR SINGH
2004 INSC 55227 September 2004
Jagir Singh, a driver with Punjab Roadways, was absent without leave for about three months in 1979. The State sent a registered notice and published a newspaper notice urging him to report, but he failed to do so, leading to termination of his services on 3 August 1979. The workman sought reinstatement and back wages,…
RAJINDER KUMAR KINDRAversusDELHI ADMINISTRATION THROUGH SECRETARY (LABOUR) AND ORS.
1984 INSC 18327 September 1984Appeal(s) allowed
Rajinder Kumar Kindra, a salesman, was dismissed after a domestic enquiry found him guilty of misconduct for allegedly negligently keeping his private cheque‑book unattended, which the employer claimed enabled the manager‑cum‑cashier to defraud the company. The dispute was referred to an arbitrator under Sec. 10(A)(1) …
SHAMBU NATH GOYALversusBANK OF BARODA AND OTHERS
1983 INSC 13027 September 1983Appeal(s) allowed
Shambhu Nath Goyal, a clerk of Bank of Baroda, was dismissed after a departmental enquiry in 1965 conducted by Sen Gupta, who was appointed as Enquiry Officer. Goyal challenged the dismissal, alleging bias and procedural irregularities; the dispute was deemed industrial and referred to an Industrial Tribunal, which set…
UNITED BANK OF INDIAversusSIDHARTHA CHAKRABORTY
2007 INSC 87227 August 2007Disposed off
Sidhartha Chakraborty, a cash clerk of United Bank of India, was dismissed for alleged irregularities, with the dismissal order stating that an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was being filed because an industrial dispute was pending. Chakraborty challenged the dismissal before t…
STATE OF MAHARASHTRAversusDATIATRAYA DIGAMBER BIRAJDAR
2007 INSC 87327 August 2007Appeal(s) allowed
The respondent, a daily wager in the Public Works Division (PWD) since 1984, was appointed as a contract Surveyor in the Soil Conservation Department on 3 April 1986 and later transferred before the posts were abolished in August 1987. After about eight years, he filed an application under Section 10 of the Industrial …
MISS A. SUNDARAMBALversusGOVERNMENT OF GOA, DAMAN AND DIU & ORS.
1988 INSC 18827 July 1988Dismissed
Miss A. Sundarambal, a school teacher, was terminated by the management of a school run by the Society of Franciscan Sisters of Mary. She sought relief under the Industrial Disputes Act, 1947, but the Government of Goa declined to refer her dispute to a Labour Court, holding that she was not a "workman" within the mean…
RESERVE BANK OF INDIA, BOMBAYversusC.T. DIGHE AND OTHERS
1981 INSC 12827 July 1981Appeal(s) allowed
The Reserve Bank of India (RBI) issued several promotion schemes for its staff, culminating in Administration Circular No. 6 (1979) which relaxed eligibility criteria for stenographers and personal assistants. During the pendency of a reference before the National Industrial Tribunal concerning a dispute over promotion…
RANBIR SINGHversusSK ROY, CHAIRMAN, LIFE INSURANCE CORP. OF INDIA & ANR.
2022 INSC 48427 April 2022Disposed off
The case concerned claims by thousands of Life Insurance Corporation of India (LIC) workers who had been employed as temporary, badli or part‑time staff between 20 May 1985 and 4 March 1991, seeking regularisation (absorption) under the Srivastav Award and earlier Tulpule and Jamdar Awards. The Supreme Court examined w…
M/S. HAMDARD (WAKF) LABORATORIESversusDEPUTY LABOUR COMMR. AND ORS.
2007 INSC 48727 April 2007Appeal(s) allowed
The employer, Mis. Hamdard (Wakf) Laboratories, terminated 37 workmen alleging an illegal strike, leading to an industrial dispute and an award reinstating 17 workers with 50% back‑wages. The workmen later filed applications under Section 6‑H(l) of the U.P. Industrial Disputes Act seeking bonus, which the Labour Commis…
HINDUSTAN AERONAUTICS LTD.versusDAN BAHADUR SINGH AND ORS.
2007 INSC 49227 April 2007Appeal(s) allowed
The petitioners, a union of daily‑rated gardeners employed by Hindustan Aeronautics Ltd., a government company, sought regularisation, continuance of service and equal pay, alleging that they had worked more than 240 days a year for several years and that artificial breaks were created to deny them permanence. The Alla…
BIKASH BHUSHAN GHOSE AND ORS.versusM/S. NOVARATIS INDIA LIMITED AND ORS.
2007 INSC 49727 April 2007
The appellants, workmen of Novartis India Ltd., were transferred from Calcutta to other locations and challenged the transfer orders as illegal and motivated by trade‑union activities. While a conciliation proceeding was pending, the employer terminated their services for not obeying the transfers. The dispute was refe…
UMRALA GRAM PANCHAYATversusTHE SECRETARY, MUNICIPAL EMPLOYEES UNION & ORS.
2015 INSC 27327 March 2015Dismissed
Workmen employed as safai kamdars by Umralagram Gram Panchayat were classified as daily‑wage workers despite having served for periods ranging from five to eighteen years and performing the same duties and hours as permanent employees. They raised an industrial dispute seeking permanency and associated benefits. The La…
STATE OF ORISSA & ANR.versusBILASH CHANDRA OJHA
2009 INSC 41927 March 2009Appeal(s) allowed
Bilash Chandra Ojha, a compositor engaged on a casual basis by a printing press of the Orissa Government's Agricultural Department, was terminated in October 1981. He claimed the termination was illegal under Section 25F of the Industrial Disputes Act, 1947, asserting that he had worked more than 240 days in the preced…
EMP., MGMT OF RAMKANALI COLLIERY OF M/S. BCCLversusWORKMEN BY SECY. RASHT. COLLIERY MAZDOOR SANGH AND ANR
2001 INSC 18327 March 2001Dismissed
Four workmen alleged that they were employed at Ramkanali Colliery before the coal mines were nationalised on 1 May 1973 and that they were unlawfully stopped from work. The management contended that the workmen were not employees on the appointed date and that the amendment substituting Section 14 of the Coal Mines Na…
M/S. DAMODAR MANGALJI AND CO. ETC.versusTHE REGIONAL DIRECTOR
2001 INSC 12527 February 2001Dismissed
The mining company Damodar Mangalji & Co. challenged a 1977 notification issued by the Government of Goa, Daman & Diu under the Employees' State Insurance Act, 1948, arguing that the Act should not apply to mining establishments because the term "mine" should be limited to the ore‑extraction site and the "appropriate G…
M. P. IRRIGATION KARAMCHARI SANGHversusTHE STATE OF M. P. AND ANR.
1985 INSC 3827 February 1985Appeal(s) allowed
The M.P. Irrigation Karamchar Sangh, a trade union, demanded a special Chambal allowance, dearness allowance equal to Central Government employees, and payment of strike wages from 1966. After settlement attempts failed, the dispute was reported under Section 12(4) of the Industrial Disputes Act, 1947, but the State Go…
THE WORKMEN OF BHURKUNDA COLLIERY OF M/S CENTRAL COALFIELDS LTD.versusTHE MANAGEMENT OF BHURKUNDA COLLIERY OF M/S CENTRAL COALFIELDS LTD.
2006 INSC 4527 January 2006Disposed off
The workmen of Bhurkunda Colliery, employed as civil engineering workers since the mine's takeover by Central Coalfields Ltd., claimed that they should be regularised as casual workers and eventually become permanent employees. The Central Government Industrial Tribunal directed that 74 of the 104 remaining workmen who…
UNION OF INDIA & ANR.versusM.T.S.S.D. WORKERS UNION & ORS.
1988 INSC 2727 January 1988Dismissed
The Union of India appealed a Bombay High Court judgment that had quashed an order dividing electoral constituencies for the election of a Works Committee under the Industrial Disputes (Central) Rules, 1957. The order sought to create multiple constituencies to represent various sections of workers, even though the M.T…
P.B. NAYAK & ORS.versusMANAGING DIRECTOR, BHILAI STEEL PLANT & ORS.
2021 INSC 67026 October 2021Dismissed
The appellants, employees of a canteen operating in the Steel Club of Bhilai Steel Plant, challenged their dismissal under Section 58 of the Madhya Pradesh Shops and Establishments Act, 1958, arguing that the Act applied to the club. The respondents contended that the club was a "club not being a residential club" and …
CAPARO ENGINEERING INDIA LTD.versusUMMED SINGH LODHI AND ANR.
2021 INSC 67626 October 2021Dismissed
Caparo Engineering India Ltd. transferred nine long‑serving workmen from its Dewas plant to a Chopanki facility 900 km away, changing their roles from labourers to supervisors and reducing the workforce at Dewas. The workmen contended that the transfer violated Section 9A of the Industrial Disputes Act, 1947 because it…
U.P. STATE SUGAR & CANE DEVELOPMENT CORPORATION LIMITEDversusCHINI MILL MAZDOOR SANGH & OTHERS
2008 INSC 109426 September 2008Appeal(s) allowed
The appellant, a sugar mill, employed certain workers as "seasonal workmen" but they performed duties throughout the year and were paid seasonal wages. The workers claimed they should be declared permanent and receive permanent workmen benefits. The State of Uttar Pradesh referred the dispute to the Labour Court, which…
STEEL AUTHORITY OF INDIA LTD.versusUNION OF INDIA AND ORS.
2006 INSC 65926 September 2006Appeal(s) allowed
The Steel Authority of India Ltd., a government company, engaged contractors to manufacture steel, and workers employed by those contractors claimed they were permanent employees of the company and sought absorption. The State Government referred the dispute to a Labour Court under Section 10(1)(c) of the Industrial Di…
P.C. AGGARWALAversusPAYMENT OF WAGES INSPECTOR, M.P. AND ORS.
2005 INSC 44526 September 2005Appeal(s) allowed
The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not incorporate the "occupi…
U.P. STATE SPINNING CO. LTD.versusR.S. PANDEY AND ANR.
2005 INSC 44726 September 2005Appeal(s) allowed
The appellant, U.P. State Spinning Co. Ltd., challenged a Allahabad High Court order that quashed the dismissal of workmen R.S. Pandey and another on the ground that the dismissal was effected before receipt of the show‑cause reply. The High Court had entertained a writ petition under Article 226 despite the existence …
BLUE STAR EMPLOYEES UNIONversusEX. OFF. PRINCIPAL SECY. TO GOVERNMENT AND ANR.
2000 INSC 46026 September 2000Appeal(s) allowed
During an industrial dispute, two employees were transferred and terminated and filed a complaint under Section 33‑A of the Industrial Disputes Act, alleging that the employer had not complied with the procedural safeguards of Section 33. The Industrial Tribunal awarded that the terminations were justified without firs…
B.R. SINGH & ORS. ETC. ETC.versusUNION OF INDIA & ORS.
1989 INSC 29326 September 1989Case Allowed
The Trade Fair Authority of India Employees' Union demanded housing, regularisation of casual workers and wage revision, but management failed to act, leading the Union to call a one‑day strike on 21 January 1987 after a denied request for a general body meeting. Management responded by suspending and later dismissing …
REGIONAL PROVIDENT FUND COMMISSIONER, KARNATAKAversusWORKMEN REPRESENTED BY THE GENERAL SECRETARY, KARNATAKA PROVIDENT FUND EMPLOYEES UNION & ANR.
1984 INSC 17726 September 1984Appeal(s) allowed
The Karnataka Government referred a dispute between the Regional Provident Fund Organisation (established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952) and its employees to an Industrial Tribunal under section 10 of the Industrial Disputes Act, 1947. The management challenged the referenc…
STATE OF BIHAR & ORSversusARBIND
2013 INSC 49726 July 2013Disposed off
Arbind, a headmaster, was suspended pending a departmental enquiry and was required to remain at the headquarters. His salary and subsistence allowance were not paid, forcing him to leave the headquarters due to poverty, after which he missed the enquiry and was dismissed ex‑parte. He challenged the dismissal; the High…
MINERAL EXPLORATION CORPORATION EMPLOYEES' UNIONversusMINERAL EXPLORATION CORPORATION LIMITED AND ANR.
2006 INSC 47226 July 2006Disposed off
The Mineral Exploration Corporation (MECL) employed a large number of workers on so‑called contingent or temporary contracts for projects that lasted many years. The workers, who had served between eight and twenty years, claimed regularisation and regular pay‑scales under the Industrial Disputes Act, 1947. The Industr…
THE FACTORY MANAGER CIMMCO WAGON FACTORYversusVIRENDRA KUMAR SHARMA AND ANR.
2000 INSC 35326 July 2000
The respondent, Virendra Kumar Sharma, worked as an apprentice for CIMMCO Wagon Factory and received a stipend of Rs.250 per month, with a contractual clause stating the company had no obligation to employ him after training. No appointment letter or salary was ever paid, and letters recommending his appointment were w…
ASPINWAL AND CO., KULSHEKAR, MANGALOREversusLAITHA PADUGADY AND ORS. ETC. ETC.
1995 INSC 42326 July 1995Appeal(s) allowed
A coffee curing establishment, declared a seasonal industry, operated from September to June and was closed June to September. The workmen claimed gratuity at the rate of seven days' wages for two seasons in each calendar year, arguing that the accounting year (January‑December) split their service into two seasons. Th…
HINDUSTAN LEVER LTD.versusB.N. DONGRE AND ORS. ETC. ETC.
1994 INSC 28426 July 1994Disposed off
Hindustan Lever Ltd. sought to impose a ceiling on dearness allowance for workers earning above Rs 500 per month, arguing that the existing slab system caused over‑neutralisation of the cost‑of‑living index and distorted wage differentials, especially vis‑à‑vis junior executives. The Industrial Tribunal placed such a c…
PUNJAB WATER SUPPLY SEWERAGE BOARD AND ANR.versusRAM SAJIVAN AND ANR.
2007 INSC 47126 April 2007Appeal(s) allowed
The Punjab Water Supply Sewerage Board terminated two work‑charge employees after they assaulted a senior officer following a disputed transfer. The employees were convicted in a criminal case, but the Labour Court set aside the termination and ordered reinstatement without back wages. The Board later issued a show‑cau…
DHARAPPAversusBIJAPUR CO-OP. MILK PRODUCERS SOCIETIES UNION LTD.
2007 INSC 47526 April 2007Dismissed
Dharappa, a daily‑wage labourer, claimed that his termination from the Rural Dairy Centre in 1980 was illegal and sought reinstatement and back wages before the Labour Court under Section 10(4A) of the Industrial Disputes Act (ID Act). The Labour Court awarded reinstatement with 50% back wages, but the employer challen…
MANAGEMENT, METTUR BEARDSELL LTD.versusWORKMEN OF METTUR BEARDSELL. LTD. & ANR.
2006 INSC 25626 April 2006Disposed off
Mettur Beardsell Ltd, facing financial difficulties, transferred its textile operations to its wholly‑owned subsidiary Mettur Textile Pvt. Ltd. The workers were individually notified and several unions entered into settlements under Section 12(3) of the Industrial Disputes Act, agreeing to become employees of the subsi…
HIMANSHU KUMAR VIDYARTHI AND ORS.versusSTATE OF BIHAR AND ORS.
1997 INSC 32226 March 1997Dismissed
The petitioners, who were appointed as daily‑wage assistant, driver and peons in a cooperative training institute of the Bihar government, had their services terminated by the institute's principal. They filed a writ petition alleging that their dismissal violated Section 25F of the Industrial Disputes Act, 1947, claim…
PHILIPS INDIA LTD.versusLABOUR COURT, MADRAS & ORS.
1985 INSC 7026 March 1985Appeal(s) allowed
The Supreme Court examined whether an employer who prescribes working hours below the statutory maximum under the Tamil Nadu Shops and Establishments Act, 1947 must pay overtime at the statutory rate for work beyond those prescribed hours up to the statutory ceiling. Philips India Ltd. and the State Bank of India had f…
NASHIK WORKERS UNIONversusHINDUSTAN AERONAUTICS LIMITED
2016 INSC 117026 February 2016Appeal(s) allowed
The Nashik Workers Union filed several complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 seeking reinstatement and back wages for trainees of Hindustan Aeronautics Limited (HAL). The dispute turned on whether, for HAL, the "appropriate Government" under Sec…
LIFE INSURANCE CORPORATION OF INDIAversusR. DHANDAPANI
2005 INSC 59025 November 2005Appeal(s) allowed
R. Dhandapani, an assistant with Life Insurance Corporation of India (LIC), was transferred to a new branch but failed to join, subsequently taking privileged and medical leave without furnishing a medical certificate from the LIC‑designated doctor. The employer issued a charge sheet for disobedience, insubordination a…
ENGINEERING LAGHU UDYOG EMPLOYEES' UNIONversusTHE JUDGE, LABOUR COURT AND INDUSTRIAL TRIBUNAL AND ANR.
2003 INSC 67025 November 2003Dismissed
Smt. Rukma, an employee of Mis. Neeraj Tising Industry, was dismissed on 20 December 1989 for alleged misconduct without any domestic inquiry. The employer led evidence before the Labour Court under Section 10 of the Industrial Disputes Act, which found the charges proved and awarded against the workwoman on 19 Februar…
SURENDRANAGAR DISTRICT PANCHAYATversusDAHYABHAI AMARSINH
2005 INSC 52325 October 2005Appeal(s) allowed
The Su... District Panchayat terminated the services of workman D. Amarsinh, who claimed he had been employed for over ten years and that his dismissal violated the Industrial Disputes Act, 1947. The Panchayat argued that the workman had not completed the statutory 240 days of service in the twelve months preceding his…
GURMAIL SINGH AND ORS. ETC. ETC.versusSTATE OF PUNJAB AND ORS.
1990 INSC 32525 October 1990Disposed off
The appellants, tubewell operators employed by the Punjab Public Works Department, were retrenched after the State transferred all tubewells to the Punjab State Tubewell Corporation and abolished their posts. They challenged the termination notices under sections 25F(b) and 25F(c) of the Industrial Disputes Act and arg…
STEEL AUTHORITY OF INDIA LTD. AND ANR.versusSTATE OF WEST BENGAL AND ORS.
2008 INSC 109125 September 2008Appeal(s) allowed
The National Union of Water Front Workers sought regularisation of its members who were employed as contract labourers by a contractor of Steel Authority of India Ltd. (SAIL). The West Bengal Government issued a 1989 notification prohibiting contract labour and the Calcutta High Court directed SAIL to absorb the worker…
KRISHNA BHADURversusM/S. PURNA THEATRE AND ORS.
2004 INSC 47825 August 2004Appeal(s) allowed
Krishna Bahadur, a messenger‑cum‑bearer, was dismissed for disciplinary misconduct, reinstated by an Industrial Tribunal, and then retrenched within a month with a modest compensation. The trade union challenged the retrenchment on the ground that the employer had not complied with the mandatory requirements of Section…
MORINDA CO-OP. SUGAR MILLS LTD.versusRAM KISHAN AND ORS. ETC.
1995 INSC 50025 August 1995Appeal(s) allowed
The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 days in a year they we…
SADHU RAMversusDELHI TRANSPORT CORPORATION
1983 INSC 10425 August 1983Appeal(s) allowed
Sadhu Ram, a probationary bus conductor, was terminated by the Delhi Transport Corporation. After a failed conciliation, the Conciliation Officer reported to the Delhi Administration under s.12(5) of the Industrial Disputes Act, and the Government referred the matter to the Labour Court, which held that a valid demand …
BHARATIYA KAMGAR KARMACHARI MAHASANGHversusM/S. JET AIRWAYS LTD
2023 INSC 64625 July 2023Appeal(s) allowed
The Bharatiya Kamgar Karmachari Mahasangh (union) represented 169 workmen employed by Jet Airways on fixed‑term contracts who had each completed more than 240 days of service. The union claimed that under the Bombay Model Standing Order the workmen should be deemed permanent, but the airline relied on a 2002 settlement…
RAM GOPAL DWIVEDIversusM/S KANPUR ELECTRICITY SUPPLY CO. LTD. THROUGH ITS GENERAL MANAGER
2017 INSC 66525 July 2017Dismissed
The appellants, Ram Gopal Dwivedi and others, were engaged as apprentices under the Apprentices Act, 1961 by Kanpur Electricity Supply Co. Ltd. (a unit of the U.P. State Electricity Board) and their services were terminated after completing a three‑year training period. The Labour Court held the termination illegal, or…
MR.C.GUPTAversusGLAXOSMITHKLIN PHARMACEUTICAL LIMITED
2007 INSC 66625 May 2007Dismissed
C. Gupta was appointed as an Industrial Relations Executive (management staff) of Glaxo‑SmithKline Pharmaceuticals and was terminated on 15 September 1982 under a clause allowing dismissal with three months' notice or salary in lieu. He claimed to be a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 a…
BHUVNESH KUMAR DWIVEDIversusM/S HINDALCO INDUSTRIES LTD.
2014 INSC 33525 April 2014Appeal(s) allowed
Bhuvnesh Kumar Dwivedi was employed by Hindalco Industries Ltd as a labour supervisor from 30‑12‑1992 to 27‑07‑1998. Although the employer periodically terminated his service on the pretext of "sanction expired" and re‑appointed him on short contracts, the workman rendered continuous service of nearly six years. The La…
SRI RAM BUILDERSversusSTATE OF M.P. & ORS.
2014 INSC 34325 April 2014Dismissed
Sri Ram Builders entered into a BOT agreement with the Madhya Pradesh Road Transport Corporation (MPRTC) to construct a bus‑stand‑cum‑commercial complex on land leased by the Indore Development Authority (IDA). The High Court ordered MPRTC to hand over possession of the land and directed specific performance, but the o…
FAZIKA COOP. SUGAR MILLSversusJATINDER KUMAR GUPTA AND ANR.
2007 INSC 46525 April 2007Disposed off
The workman was dismissed in 1992 and raised an industrial dispute under Section 2A of the Industrial Disputes Act, 1947 in 1994. The Labour Court ordered his reinstatement with back wages and a subsistence allowance, but the management was not allowed to lead evidence and initially failed to pay the allowance. The man…
STATE OF PUNJABversusANIL KUMAR
2007 INSC 46725 April 2007Case Partly allowed
Anilkumar, a daily‑wage worker, was intermittently engaged by Punjab Roadways between 1981 and 1985 and thereafter not employed. He filed two civil suits claiming continuous service, both of which he later withdrew. In 1998 he served a demand notice under the Industrial Disputes Act, 1947, leading the Labour Court to a…
CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION
2006 INSC 25025 April 2006Dismissed
The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen claimed that, upon succe…
SYNDICATE BANKversusTHEGENERALSECRETARY,SYNDICATEBANKSTAFF ASSOCIATION AND ANR.
[2000] 3 S.C.R. 28525 April 2000Appeal(s) allowed
The case concerns D.K. Dayananda, a clerk of Syndicate Bank, who was absent from duty for more than 90 consecutive days. The Bank issued a show‑cause notice under Clause 16 of the Bipartite Settlement, which was returned as "refused"; the employee neither responded nor reported for duty, leading the Bank to deem him to…
M/S. ORCHID EMPLOYEES' UNION & ORS.versusM/S. ORCHID CHEMICALS & PHARMACEUTICALS LTD.
2008 INSC 39425 March 2008Disposed off
The Orchid Employees' Union sought an interim injunction restraining its members from assembling within 100 metres of the company's premises and from obstructing traffic, which was initially granted by a District Munsif. The Madras High Court set aside that injunction, noting a pending cancellation of the union under t…
MACKINON MACKENZIE & COMPANY LTD.versusMACKINNON EMPLOYEES UNION
2015 INSC 15425 February 2015Dismissed
Mackinnon Mackenzie & Co. Ltd. retrenched about 98 workmen by serving a notice on 27 July 1992, claiming closure of its clearing and forwarding department due to severe financial losses. The workmen’s union challenged the retrenchment, alleging non‑compliance with the Industrial Disputes Act, 1947: no one‑month notice …
ISHA STEEL TREATMENT, BOMBAYversusASSOCIATION OF ENGINEERING WORKERS, BOMBAY & ANR.
1987 INSC 6225 February 1987Appeal(s) allowed
Sha Steel Treatment operated two separate metal‑processing units, Unit I (established 1963 with 32 workers) and Unit II (established 1975 with 75 workers, located about 200 m apart). Unit I was closed on 15 Feb 1982 due to alleged indiscipline and low production, and closure compensation was offered. The workmen of Uni…
M/S. MARUTI UDYOG LTD.versusRAM LAL AND ORS.
2005 INSC 5025 January 2005Appeal(s) allowed
The respondents were workmen of Maruti Ltd whose employment ended in 1977 due to the closure of the factory. After the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 transferred the company's assets to the Central Government and then to the appellant company, the workmen claimed re‑employment under…
EMPLOYER IN RELATION TO MANAGEMENT OF CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD.versusUNION OF INDIA AND ANR.
2001 INSC 4825 January 2001Appeal(s) allowed
The employer, Central Mine Planning & Design Institute Ltd., terminated 28 workmen, prompting a Central Government Industrial Tribunal to declare the terminations unjust and order reinstatement with 40% back wages. The employer challenged the award in the Patna High Court, where a Single Judge, on a Section 17‑B applic…
STATE OF HARYANA AND ORS.versusDEVI DUTT AND ORS.
2006 INSC 90324 November 2006Appeal(s) allowed
The State of Haryana, following a policy to regularise daily‑wage workers, terminated the services of several daily wagers. The Labour Court held that the workers had not been in continuous service for the requisite 240 days in the preceding 12 months, and therefore the retrenchment did not violate Sections 25F and 25G…
STATE OF M.P. AND ORS.versusLAUT KUMAR VERMA
2006 INSC 91024 November 2006Dismissed
Laut Kumar Verma, engaged on daily wages, applied before the Labour Court for classification as a permanent clerk, claiming that continuous service of more than six months entitled him to permanent status under Clause 2 of the Standard Standing Orders and protection of Section 25‑F of the Industrial Disputes Act. The L…
N.T.C. (SOUTH MAHARASHTRA) LIMITEDversusRASHTRIYA MILL MAZDOOR SANGH AND ORS. ETC. ETC.
1992 INSC 32124 November 1992Dismissed
The workmen of several Bombay textile mills went on strike in January 1982, after which the Textile Undertakings (Taking Over of Management) Act, 1983 was enacted and the management of the mills was taken over by the National Textile Corporation Limited (NTC) on 10 February 1984. The central issue was whether the takeo…
BALDYANATH AYURVEDA BHAWAN MAZDOOR UNION, PATNAversusMANAGEMENT OF SHRI BAIDYANATH AYURVEDA BHAWAN PVT. LTD. & ORS.
1983 INSC 18524 November 1983Appeal(s) allowed
Workmen employed by Shri Baidyanath Ayurveda Bhabhan Pvt Ltd were receiving an attendance bonus and claimed that they were also entitled to a bonus under the Payment of Bonus Act, 1965 for the year 1966-67. The Industrial Tribunal held that the attendance bonus, being a customary payment, was payable in addition to the…
WORKERS OF ROHTAS INDUSTRIES LTD.versusROHTAS INDUSTRIES LTD.
1989 INSC 31924 October 1989Directions issued
The workmen of Rohtas Industries Ltd., whose four industrial units were closed on 9 September 1984, filed a writ petition under Article 32 seeking payment of arrears, compensation and other statutory dues. The Patna High Court had appointed a provisional liquidator, but the Supreme Court, invoking the Sick Industrial C…
DAVALSAB HUSAINSAB MULLAversusNORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION
2013 INSC 65224 September 2013Dismissed
The appellant, a driver for the North West Karnataka Road Transport Corporation, travelled on a corporation bus without a ticket and subsequently abused and threatened the checking inspector, repeating similar misconduct the next day. A disciplinary enquiry found the misconduct proved, taking into account his prior rec…
GANGA KISAN SAHKARI CHINI MILLS LTD.versusJAIVIR SINGH
2007 INSC 96724 September 2007Appeal(s) allowed
The appellant, Ganga Kisan Sahkari Chini Mills Ltd., employed certain workers during its trial season of 1984-85 and later terminated them. The workers claimed they were permanent employees and sought reinstatement, back wages, and retaining allowance under the Uttar Pradesh Payment of Retaining Allowances to Unskilled…
KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI
2006 INSC 54924 August 2006Appeal(s) allowed
The daily‑wage workman Mohammed Rafi claimed that his termination by Krishna Bhagya Jala Nigam Ltd. violated Section 25‑F of the Industrial Disputes Act, 1947, and the Labour Court ordered his reinstatement. The employer appealed; a single High Court judge set aside the award, holding that the workman had not proved he…
GENERAL MANAGER, VIJAYA BANK AND ANR.versusPRAMOD KUMAR GUPTA
2006 INSC 55324 August 2006Case Partly allowed
The appellant, General Manager of Vijaya Bank, terminated the employment of the respondent clerk on grounds of repeated unauthorised absences, issuing notices requiring him to report within 30 days. The respondent reported within the stipulated period after each notice, but the bank refused his re‑entry and treated him…
STATE BANK OF INDIAversusWORKMEN OF STATE BANK OF INDIA AND ANR.
1990 INSC 25424 August 1990Appeal(s) allowed
The State Bank of India dismissed a clerk after a departmental inquiry found him guilty of several acts of misconduct. The bank invoked paragraph 521(10)(c) of the Shastri Award, discharging him on payment of one month's salary in lieu of notice, and claimed this was not a disciplinary action. The Union raised an indus…
SAPAN KUMAR PANDITversusU.P. STATE ELECTRICITY BOARD AND ORS.
2001 INSC 30524 July 2001Appeal(s) allowed
S.K. Pandit, a clerk dismissed in 1975, claimed his termination was illegal and raised an industrial dispute. Ten other workmen, represented by a union, had earlier raised a similar dispute which was referred to an Industrial Tribunal and resulted in an award. The Board assured Pandit that any benefit granted to the te…
MAHATMA PHULE AGRICULTURAL UNIVERSITY AND ORS.versusNASIK ZILLA SHETH KAMGAR UNION AND ORS.
2001 INSC 30624 July 2001
The case involved daily‑wage labourers employed by several Maharashtra agricultural universities who claimed permanency, wage scales, and other benefits. An industrial tribunal awarded increased daily wages and certain benefits but denied permanency; the award was not challenged. The universities, citing lack of sancti…
CORRESPONDENT, ST. MICHAEL'S T.T.IversusV.N. KARPAGA MARY & ORS.
2008 INSC 52024 April 2008Case Partly allowed
The respondent, a teacher appointed in 1977 with the requisite qualifications, was terminated in 1995 after a 1994 Government Order raised the qualification standards for teachers. The termination was challenged before the High Court, which quashed the order and awarded back wages, holding that the Government Order cou…
RAJASTHAN SRTC & ORSversusMOHAR SINGH
2008 INSC 52224 April 2008Dismissed
The Rajasthan State Roadways Transport Corporation, a statutory corporation created under the Road Corporation Act, 1951, dismissed driver Mohar Singh for alleged misconduct and the dismissal was upheld by its appellate authority. Singh filed a civil suit in the Additional Munsif Court challenging the termination and t…
CEMENT WORKERS KARAMCHARI SANGHversusM/S. JAIPUR UDYOG LIMITED AND ORS.
2008 INSC 39024 March 2008Disposed off
The case concerned the winding up of Jaipur Udyog Ltd. (JUL), a sick cement company, and the dispute over workmen's dues and a settlement entered between the workers' union and the company. JUL appealed a BIFR winding‑up order before the AAIFR, which imposed a condition to deposit Rs.10 crore; the High Court stayed tha…
EMPLOYEES STATE INSURANCE CORPORATIONversusALL INDIA I.T.D.C. EMPLOYEES UNION AND ORS.
2006 INSC 17424 March 2006Disposed off
The Union of Employees of a Government undertaking challenged a notification that enhanced employee and employer contributions under the Employees State Insurance Act, claiming it did not apply to them. A Rajasthan High Court dismissed the writ as non‑maintainable but directed the ESIC to "consider" waiving the contrib…
KERALA SAMSTHANA CHETHU THOZHILALI UNIONversusSTATE OF KERALA AND ORS.
2006 INSC 17824 March 2006Appeal(s) allowed
The State of Kerala, after banning the sale of arrack in 1996, enacted the Kerala Abkari Shops Disposal Rules, 2002 which required that each toddy shop employ one former arrack worker. The rules (specifically Rules 4(2) and 9(10)(b)) were challenged by a federation of toddy‑tappers and toddy‑shop workers on the ground …
STATE OF M.P. AND ORS.versusARJUNLAL RAJAK
2006 INSC 11924 February 2006Appeal(s) allowed
Arjunlal Rajak was appointed as a daily‑wage chowkidar by the State of Madhya Pradesh without a written offer or compliance with recruitment rules. He worked in various departments, the last being the production division of the Forest Department, which was later abolished, and his services were terminated without obser…
THE HARYANA STATE AGRICULTURAL MARKETING BOARDversusSUBHASH CHAND AND ANR.
2006 INSC 12124 February 2006Appeal(s) allowed
The Haryana State Agricultural Marketing Board appointed Subhash Chand as a contract Arrival Record Clerk for short seasonal periods. The contract expressly allowed termination without notice and conferred no right to regularisation. After his services were terminated, Chand raised an industrial dispute alleging unfair…
BRANCH MANAGER, M.P. STATE AGRO INDUSTRIES DEVELOPMENT CORPN. LTD. AND ANR.versusSHRI S.C. PANDEY
2006 INSC 12224 February 2006Appeal(s) allowed
The respondent, S.C. Pandey, was appointed as a daily‑wage typist by the Branch Manager of M.P. State Agro Industries Development Corporation, contrary to Regulation 16 of the corporation’s 1976 Service Recruitment and Selection Regulations which reserves appointment authority to the Managing Director. His services wer…
M/S ATLAS CYCLE (HARYANA) LTD.versusKITAB SINGH
2013 INSC 5924 January 2013Dismissed
Kitab Singh, a workman employed by Atlas Cycle (Haryana) Ltd. since 1977, alleged that he was assaulted and forced to resign on 1 October 1992 after being accused of theft. He wrote to the Chief Minister and sent a notice to the company, claiming the resignation was not voluntary. The Labour Court dismissed his claim, …
CHIEF ENGINEER, HYDEL PROJECT & ORS.versusRAVINDER NATH & ORS.
2008 INSC 9224 January 2008Case Allowed
The respondents, who were work‑charge employees on the Anandpur Sahib Hydel Project, were terminated after the project’s completion under Rule 20(1) and Rule 3‑A of the Certified Standing Orders. They filed a civil suit seeking a declaration that the termination was illegal, reinstatement and back‑wages. The trial cour…
RANIP NAGAR PALIKAversusBABUJI GABHAJI THAKORE AND ORS.
2007 INSC 117923 November 2007Appeal(s) allowed
The Supreme Court examined an appeal by Ranip Nagar Palika challenging the reinstatement of several workmen who had been terminated in 1994. The workmen claimed they were regular employees who had continuously worked since 1991, invoking Section 25-F of the Industrial Disputes Act, 1947, which requires at least 240 day…
CHAIRMAN, OIL AND NATURAL GAS CORPORATION LTD. AND ANR.versusSHYAMAL CHANDRA BHOWMIK
2005 INSC 58323 November 2005Appeal(s) allowed
The respondent, a casual worker of ONGC, claimed that he had worked more than 240 days in a year and sought regularisation of his service through a writ petition. The Guwahati High Court allowed the petition, holding that the employer bore the burden of proving the contrary. ONGC appealed, arguing that the factual disp…
S.P. DUBEYversusM.P.S.R.T. CORPN. AND ANR.
1990 INSC 32223 October 1990Appeal(s) allowed
S.P. Dubey joined a private transport company in 1947 where the superannuation age was 60. The company was taken over by the Madhya Pradesh Government on 31 August 1955 with a notification assuring that existing staff would not be adversely affected in their terms of service. When the staff were transferred to the Madh…
JEETUBHA KHANSANGI JADEJAversusKUTCHH DISTRICT PANCHAYAT
2022 INSC 100623 September 2022Appeal(s) allowed
The appellant, a watchman employed since 1992, was terminated in 2002 without notice or compliance with the Industrial Disputes Act, 1947. He claimed continuous service under Section 25B and sought reinstatement; the Labour Court and a Single Judge affirmed his right to reinstatement but denied backwages. The Division …
K. ALEXversusDELHI STATE MINERAL DEV. CORPN.
2008 INSC 108223 September 2008Appeal(s) allowed
The appellant, a driver appointed on a temporary basis in 1987 and regularized in 1989, was listed among 275 retrenched employees for redeployment under a corporate policy. While all other listed employees were redeployed in Delhi Administration or other undertakings, the corporation terminated the appellant’s services…
M/S. OBETTEE PVT. LTD.versusMOHD. SHAFIQ KHAN
2005 INSC 43823 September 2005Appeal(s) allowed
The workman, Mohd Shafiq Khan, participated in a strike on 2 May 1980 and was suspended along with two co‑workers, Chunnu and Vakil. While the latter two accepted the charges, tendered unqualified apologies and were subsequently released without further action, Khan contested the charges and did not apologise. The Indu…
M/S. U.P. DRUGS AND PHARMACEUTICALS CO. LTD.versusRAMANUJ YADAV AND ORS.
2003 INSC 50423 September 2003Dismissed
The employer, M/s. U.P. Drugs and Pharmaceuticals Co. Ltd., terminated 29 workmen on the ground that they were casual and there was no work, without the workmen having completed 240 days in the 12 months preceding termination. The labour court held they were not entitled to protection under Section 6N of the Uttar Prad…
LIFE INSURANCE CORPORATION OF INDIA AND ANR.versusSHRI RAG HA VENDRA SESHAGIRI RAO KULKARNI
1997 INSC 66623 September 1997Appeal(s) allowed
The respondent, appointed as a Development Officer on probation by Life Insurance Corporation of India (LIC), was terminated on 22 May 1986 under Regulation 14(4) of the LIC Staff Regulations, which allows discharge without notice or cause during probation. He challenged the termination before the Karnataka High Court,…
SURENDRA KUMAR VERMA ETC.versusTHE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM-LABOUR COURT, NEW DELHI & ANR.
1980 INSC 18723 September 1980Appeal(s) allowed
The appellants, workmen of a bank, were terminated for failing to pass tests for permanent absorption. The Labour Court held the terminations violated Section 25F of the Industrial Disputes Act and were therefore invalid, but it refused reinstatement with full back wages, granting only compensation. The Supreme Court e…
FERTILIZER CORPORATION OF INDIA LTD. AND ANR.versusSARATCHANDRA RATH AND ORS.
1996 INSC 94323 August 1996Appeal(s) allowed
The case concerned the revision of pay scales and fringe benefits for officers and workmen of Fertilizer Corporation of India Ltd. (FCI). Workmen who were promoted to the lowest officer scale before 1 January 1987 were already officers, whereas those promoted after that date were still workmen at the time of the 1987 p…
AJNALA COOP. SUGAR MILLS LTD.versusSUKHRAJ SINGH
2007 INSC 66323 May 2007Disposed off
Ajnaala Coop. Sugar Mills Ltd. terminated the services of Sukhraj Singh, a seasonal daily‑wage worker. The Labour Court held the termination illegal under Section 25‑F of the Industrial Disputes Act, 1947, which requires a workman to have worked more than 240 days in the preceding twelve months, and ordered his reinsta…
GLOBE GROUND INDIA EMPLOYEES UNIONversusLUFTHANSA GERMAN AIRLINES & ANR.
2019 INSC 55923 April 2019Appeal(s) allowed
The Globe Ground India Employees Union raised an industrial dispute alleging that Globe Ground India Pvt Ltd, a subsidiary of Lufthansa German Airlines, closed its establishment and retrenched 106 workers. The union sought to implead Lufthansa, claiming it was the holding company and therefore a necessary and proper pa…
MANAGEMENT OF COIMBATORE DISTRICT CENTRAL CO-OPERATIVE BANKversusSECRETARY, COIMBATORE DISTRICT CENTRAL CO-OPERATIVE BANK EMPLOYEES ASSOCIATION AND ANR.
2007 INSC 44823 April 2007Disposed off
The Coimbatore District Central Co‑operative Bank disciplined 53 employees who continued an illegal strike, prevented others from returning to work and were found guilty in an ex‑parte disciplinary inquiry. The Labour Court, acting under Section 10 of the Industrial Disputes Act, upheld the punishment of stoppage of in…
RASHTRIYA CHEM. & FERTILIZERS LTD. AND ANR.versusGENERAL EMPLOYEES ASSOCIATION AND ORS.
2007 INSC 45023 April 2007Appeal(s) allowed
The Central Government issued a circular on 8 November 2000 refusing to prohibit contract labour in certain establishments of Rashtriya Chemicals & Fertilizers Ltd. The General Employees Association filed a writ petition under Article 226 seeking quashment of the circular, alleging that the contract labour system was a…
PRANTIYA VIDHUT MANDAL MAZDOOR FEDERATION ETC. ETC.versusRAJASTHAN STATE ELECTRICITY BOARD AND ORS. ETC. ETC.
1992 INSC 12423 April 1992Appeal(s) allowed
The Supreme Court examined whether arrears of wages payable to workmen as a result of an award under the Industrial Disputes Act, which revised pay‑scales retrospectively to 1 April 1980, fall within the definition of “basic wages” under Section 2(b) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1…