K.C. JOSHIversusUNION OF INDIA AND ORS.
1985 INSC 9823 April 1985Appeal(s) allowed
K.C. Joshi was appointed as Store Keeper in the Oil and Natural Gas Commission (ONGC) and, after completing his probation, was placed on the regular establishment. He was an active trade‑union worker and, following union actions, his services were terminated on 29 December 1967 with one month’s pay in lieu of notice, t…
RAJESHWAR MAHTOversusALOK KUMAR GUPTA, G.M. M/S BIRLA CORPORATION LTD.
2018 INSC 19723 February 2018Disposed off
The employee Rajeshwar Mahto was terminated by Birla Corporation Ltd. and challenged the termination before an Industrial Tribunal, which held he was not a "workman". The High Court set aside that award, declaring him a workman, but the Supreme Court later allowed the corporation's appeal, reinstating the tribunal's de…
STATE OF JHARKHAND AND ANOTHERversusHARIHAR YADAV AND OTHERS
2013 INSC 77522 November 2013Disposed off
The Bihar Hill Area Lift Irrigation Corporation (BHALCO), a government company of Bihar, was transferred to the newly created Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) after the bifurcation of Bihar under the Bihar Reorganisation Act, 2000. Employees of the erstwhile BHALCO filed writ petitions seeking a…
VIJAY KUMAR AND ORS.versusWHIRLPOOL OF INDIA LTD. AND ORS.
2007 INSC 117322 November 2007Dismissed
The appellants, who had taken a Voluntary Retirement Scheme (VRS) on 26 May 1995 and received the stipulated payments, later claimed that a settlement dated 13 October 1995 between the employer and the workmen’s union, which altered wages and retirement age, also applied to them. The settlement expressly covered "perma…
BHOLA NATH MUKHERJEE AND ORS.versusGOVERNMENT OF WEST BENGAL AND ORS.
1996 INSC 137222 November 1996Dismissed
The Asansol Electricity Supply Co. Ltd., a licensee under the Indian Electricity Act, 1910, had its licence revoked and was compelled to sell its undertaking to the West Bengal State Electricity Board (the Board). The Board paid a purchase price and continued the employees, but offered them fresh, temporary appointment…
DENA NATH AND ORS.versusNATIONAL FERTILIZERS LTD. AND ORS.
1991 INSC 31422 November 1991Dismissed
The Supreme Court considered appeals filed by Dena Nath and others against National Fertilizers Ltd. The issue was whether failure by a principal employer to obtain registration under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, or by a contractor to obtain a licence under Section 12, would ca…
SRI DORAIRAJ SPINTEXversusR CHITTIBABU & ORS
2021 INSC 52722 September 2021Disposed off
The management of Sri Dora Raj Spintax dismissed thirty‑one workmen after initiating disciplinary proceedings for alleged vandalism, while conciliation proceedings were pending on two separate industrial disputes raised by the workmen. The workmen claimed that the dismissals required prior permission under Section 33(1…
RAM PRAVESH SINGH AND ORS.versusSTATE OF BIHAR AND ORS.
2006 INSC 64622 September 2006Dismissed
The appellants were employees of a co‑operative society that was liquidated and its undertaking merged with the Bihar Electricity Board. The Board did not take over the employees, and the appellants filed writ petitions seeking their absorption. The High Court dismissed the petitions and the appeal was upheld. The Supr…
AGRICULTURAL PRODUCE MARKET COMMITTEEversusSHRI ASHOK HARIKUNI AND ANR. ETC.
2000 INSC 45922 September 2000Dismissed
The Agricultural Produce Market Committee, created under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, terminated several temporary employees, prompting the Labour Court to order their reinstatement. The Committee challenged the Labour Court’s jurisdiction, arguing that it was not an "industry" u…
AMETEEP MACHINE TOOLSversusLABOUR COURT HARYANA & ANOTHER
1980 INSC 18522 September 1980Dismissed
Ametep Machine Tools, a manufacturer employing 250 workers, entered into a settlement under Section 12 of the Industrial Disputes Act on June 20, 1969, which barred further financial demands for two years. In August 1970 a fresh demand for dearness allowance led to a sit‑down strike, and the management alleged that wor…
RAJASTHAN STATE ROAD TRANSPORT CORPORATLON AND ORS.versusZAKIR HUSSAIN
2005 INSC 36622 August 2005Appeal(s) allowed
The respondent, Zakir Hussain, was appointed as a daily‑wage conductor on a two‑year probation and was terminated for unsatisfactory performance without any enquiry. He appealed to the departmental authority, which dismissed his grievance, and then filed a suit in a civil court seeking a declaration that the terminatio…
BHARAT BHAWAN TRUSTversusBHARAT BHAWAN ARTISTS ASSOCIATION AND ANR.
2001 INSC 38722 August 2001Appeal(s) allowed
The Bharat Bhawan Trust, a statutory body created to promote art and culture, engaged a group of artists for drama production and theatre management. The artists later raised a dispute before the Labour Court, to which the Trust objected on the preliminary ground that it was not an "industry" and the artists were not "…
KARNANI PROPERTIES LTD.versusSTATE OF WEST BENGAL AND ORS.
1990 INSC 25022 August 1990Dismissed
Karnani Properties Ltd., a real‑estate company that lets premises and provides services such as electricity, water, cleaning and lift maintenance, was referred to an Industrial Tribunal over a dispute concerning wages, dearness allowance and gratuity. The company challenged the Tribunal’s award on the grounds that it d…
JAMSHEDPUR CONTRACTORS' WORKERS' UNIONversusSTATE OF BIHAR AND ORS.
1990 INSC 24922 August 1990Disposed off
Contract workers employed by Tata Iron and Steel Company, Jamshedpur, performed permanent and regular tasks before 11‑Feb‑1981 and sought permanent employment with the principal employer. The Bihar Government referred the dispute to the Industrial Tribunal under s.10 of the Industrial Disputes Act. The Tribunal held th…
THE WORKMEN OF M/S. BINNY LTD.versusTHE MANAGEMENT OF BINNY LTD. & ANOTHER
1985 INSC 18222 August 1985Appeal(s) allowed
The workmen of the former Binny & Co. Ltd., now employed by the amalgamated Binny Ltd., claimed a 20% bonus for the financial year 1969 based on a separate profit and loss account prepared for their original unit, which showed a substantial profit. The new company paid only a 4% bonus calculated on the consolidated pro…
HARYANA STATE CO-OPERATIVE SUPPLY MARKETING FEDERATION LIMITEDversusSANJAY
2009 INSC 94022 July 2009Appeal(s) allowed
The respondent, Sanjay, worked as a casual chowkidar for the District Manager of HAFED in Jind from August to December 1998 (145 days) and thereafter for the District Manager of HAFED in Hissar from January to May 1999 (112 days). He claimed that, having completed more than 240 days of continuous service in the year pr…
FIRESTONE TYRE AND RUBBER COMPANY OF INDIA PRIVATE LIMITEDversusTHE WORKMEN EMPLOYED REPRESENTED BY FIRESTONE TYRE EMPLOYEES UNION
1981 INSC 11922 July 1981Appeal(s) allowed
Firestone Tyre & Rubber Co. dismissed 102 workmen for alleged "go‑slow" after a strike. A settlement led to 76 being temporarily re‑employed and 25 remaining dismissed. The Industrial Tribunal was asked to adjudicate reinstatement of 12 of the 25 workmen (demand 1(A)) and the status of the 76 (demand 1(B)). The Tribuna…
BROOKE BOND INDIA LTD.versusTHE WORKMEN
1981 INSC 12022 July 1981Dismissed
Brooke Bond India Ltd. and its workmen’s unions were involved in a government‑referenced industrial dispute. The Rashtriya Union’s negotiation committee signed a memorandum of settlement on 16 March 1978, which was later filed for an award. The union’s executive committee subsequently resolved to reject the agreement, …
BHARAT CO-OPERATIVE BANK (MUMBAI) LTD.versusCO-OPERATIVE BANK EMPLOYEES UNION
2007 INSC 33122 March 2007Dismissed
Bharat Co-operative Bank (Mumbai) Ltd., a multi‑state co‑operative bank, challenged the jurisdiction of the Maharashtra Trade Union Act, arguing that under Section 2(a) of the Industrial Disputes Act, 1947 the "appropriate Government" for a "Banking Company" with branches in more than one state is the Central Governmen…
STATE OF HARYANA AND ORS.versusBIKAR SINGH
2006 INSC 16522 March 2006
Bikar Singh, a conductor with Haryana Roadways, was dismissed for allegedly embezzling fare money. He appealed the dismissal to the Additional Transport Commissioner, which was rejected, and then filed a civil suit seeking a declaration that he remained in service and that the dismissal orders were void. The trial civi…
J.H. PATEL (D) BY LRS. AND ORS.versusNUBOARD MANUFACTURING CO. LTD. & ORS.
[2014] 1 S.C.R. 77322 January 2014Case Partly allowed
Three union officials, declared as protected workmen, were dismissed after the employer alleged they had filed a false police complaint against senior officers. The criminal court had acquitted the officers, and the employer issued a charge‑sheet without conducting a departmental inquiry, relying on the magistrate's ju…
STATE OF KARNATAKA & ORS.versusGANPATHI CHAYA NAIK & ORS.
2010 INSC 5522 January 2010Case Allowed
The respondents, who were daily‑wage workers such as plantation watchmen, wireless operators and helpers, claimed regularisation of service after more than ten years of continuous employment. The State of Karnataka contended that the respondents were not recruited under the prescribed recruitment rules and that the reg…
THE DIVISIONAL MANAGER, APSRTC AND ORS.versusP. LAKSHMOJI RAO AND ORS.
2004 INSC 5022 January 2004Disposed off
The Andhra Pradesh State Road Transport Corporation (APSRTC) recruited conductors on a daily‑wage basis and later regularized them, counting seniority from the date of regularization. The conductors filed writ petitions under Article 226 seeking to have their regular appointment deemed effective from the date of their …
BALMER LAWRIE WORKERS' UNION, BOMBAY AND ANR.versusBALMER LAWRIE AND CO. LTD. AND ORS.
1984 INSC 24121 December 1984Dismissed
The Supreme Court examined a challenge by the Balmer Lawrie Workers Union (a non‑recognised union) to the constitutional validity of Section 20(2)(b) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and to Clause 17 of a settlement that required a 15 % deduction from ar…
RASHTRIYA COLLIERY MAZDOOR SANGH, DHANBADversusEMPLOYERS IN RELATION TO MANAGEMENT OF KENDUADIH COLLIERY OF MIS BCCL & ORS.
2016 INSC 104421 November 2016Appeal(s) allowed
Eighty‑eight workmen employed as Tyndals at Kenduadih Colliery of BCCL sought regularisation. The Industrial Tribunal (1996) ordered their absorption within a year, and the Jharkhand High Court (2004) modified the award, directing that whenever the management hires regular workmen, preference must be given to these wor…
E.S.IC. MEDICAL OFFICER'S ASSOCIATIONversusE.S.L.C. & ANR.
2013 INSC 76921 November 2013Dismissed
The ESIC Medical Officer's Association, representing medical officers recruited by the Employees' State Insurance Corporation after 1974, claimed a monthly allowance of Rs.200, arguing that they were workmen like deputed doctors and thus entitled to the same benefits. The Central Government Industrial Tribunal held tha…
RADHAKRISHNA MANI TRIPATHIversusL. H. PATEL & ANR.
2008 INSC 133221 November 2008Dismissed
The Second Labour Court, Thane, passed an ex‑parte award on 12 June 1998 reinstating the workman RadhaKrishnan Mani Tripathi, which was published on 5 August 1998. Respondent No.1, who had not been served notice, learned of the award on 27 January 1999 and filed a petition within two days under Rule 26(2) of the Bombay…
RAJINDER SINGH CHAUHAN AND ORS.versusSTATE OF HARYANA AND ORS.
2005 INSC 57921 November 2005Appeal(s) allowed
The appellants, employees of the Haryana State Federation of Consumers Co‑operative Wholesales Stores Ltd (CONFED), were retrenched under Section 25‑F of the Industrial Disputes Act, 1947. They challenged the retrenchment, contending that Section 25‑N, which applies to industrial establishments, should govern their cas…
LENIN KUMAR RAYversusM/S EXPRESS PUBLICATIONS (MADURAI) LTD.
2024 INSC 80221 October 2024
The employee, Lenin Kumar Ray, was appointed as Junior Engineer and later promoted to Assistant Engineer in a newspaper publishing company, drawing a salary well above the pre‑amendment threshold of Rs.1,600 per month. He was relieved on 8 October 2003 with payment of one month’s salary in lieu of notice, which he acce…
STATE OF MAHARASHTRA AND ANR.versusSARVA SHRAMIK SANGH, SANGLI AND ORS.
2013 INSC 70821 October 2013Disposed off
The State of Maharashtra terminated the services of 256 workmen employed on 25 lift‑irrigation schemes after transferring the schemes to a sugar factory. The workmen claimed entitlement to reinstatement and backwages, arguing that the termination was a breach of Section 25N of the Industrial Disputes Act, 1947, while t…
CENTRAL ORGANISATION OF TAMIL NADU ELECTRICITY EMPLOYEESversusTAMIL NADU ELECTRICITY BOARD
2005 INSC 51421 October 2005Appeal(s) allowed
The case concerned whether the Tamil Nadu Electricity Board could alter pension benefits of its employees without formally amending the Tamil Nadu Electricity Board Liberalised Pension Regulations, 1960. The Board had relied on a settlement clause to bypass the 15‑day notice under Section 9A of the Industrial Disputes …
RAMA KANT MISRAversusSTATE OF U.P. AND OTHERS
1982 INSC 7721 October 1982Appeal(s) allowed
Rama Kant Misra, a workman with over 14 years of service and secretary of the workers' union, was charged on 18 November 1971 with using abusive and threatening language towards a senior officer over a wage deduction. An inquiry found the charge proved and recommended dismissal, which was effected on 6 April 1972 befor…
EMPLOYEES STATE INSURANCE CORPORATION & ANR.versusMANGALAM PUBLICATIONS (I) PRIVATE LIMITED
2017 INSC 97321 September 2017Appeal(s) allowed
The Employees' State Insurance Corporation (ESIC) sought contribution from Mangalam Publications, a private limited company, for interim relief payments made to its employees between April 1996 and March 2000. The company argued that the interim relief was an ex‑gratia payment, not "wages" under Section 2(22) of the Em…
JITENDRA NATH SINGHversusTHE OFFICIAL LIQUIDATOR & ORS.
2012 INSC 41521 September 2012Appeal(s) allowed
The appellant workmen sought priority over the sale proceeds of unsecured assets of UMI Special Steels Ltd., arguing that under Sections 529 and 529A of the Companies Act, 1956, workmen's dues should rank ahead of secured creditors on those assets. The respondents, representing the secured creditors, contended that the…
JANATHA BAZAR (SOUTH KANARA CENTRAL CO-OPERATIVE WHOLE SALE STORES LTD.)versusSECRETARY, SAHAKARI NOUKARARA SANGHA
2000 INSC 45721 September 2000Appeal(s) allowed
The Karnataka Co-operative Society dismissed four employees for breach of trust and misappropriation of goods amounting to about Rs. 24,000. The employees' union raised an industrial dispute, and the Labour Court, after finding the charges proved, exercised its discretion under Section 11‑A of the Industrial Disputes A…
JAYANTIBHAI RAOJIBHAI PATELversusMUNICIPAL COUNCIL, NARKHED & ORS.
2019 INSC 93421 August 2019Disposed off
Jayantibhai Patel, a headmaster, was first cleared of misconduct in 1994 but a second inquiry—conducted without recorded reasons—found him guilty and led to his removal in 1996. The High Court later quashed the removal but denied back wages, reasoning that Patel had retired. The Supreme Court held that when service is …
CANTEEN MAZDOOR SABHAversusMETALLURGICAL ENGG. CONSULTANTS (I) LTD. & ORS.
2007 INSC 85221 August 2007Dismissed
The Canteen Mazdoor Sabha filed a civil appeal challenging a Jharkhand High Court decision that set aside an Industrial Tribunal award granting canteen workers the same pay scales as MECON’s VIP Guest House and Tea Club employees. The core issue was whether a master‑servant (employer‑employee) relationship existed betw…
ELECTRONICS CORPORATION OF INDIA LTD.versusELECTRONICS CORPORATION OF INDIA SERVICE ENGINEERS UNION
2006 INSC 53121 August 2006Appeal(s) allowed
The Electronics Corporation of India Ltd. engaged about 30 technicians as retainers (service engineers/licencees) on individual contracts between 1972 and 1978. The retainers later demanded permanent absorption, regularisation and parity of pay with regular employees. The Industrial Tribunal held that no employer‑emplo…
RAJENDRA JHAversusPRESIDING OFFICER, LABOUR COURT, BOKARO STEEL CITY, DISTRICT DHANBAD AND ANR.
1984 INSC 14821 August 1984Dismissed
Rajendra Jha, a dresser in the Steel Authority of India, was dismissed on charges of misconduct. Because an industrial dispute was pending, the management sought approval of the dismissal under section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Court held the domestic inquiry invalid but also ordered tha…
AVTAR SINGHversusUNION OF INDIA & ORS.
2017 INSC 111621 July 2016Reference answered
The petitioners challenged the cancellation of their appointments and termination of service on the ground that they had either omitted or misrepresented information about criminal prosecutions, arrests, convictions or pendency of cases in the verification forms required for recruitment. The Supreme Court was asked to …
GARRISON ENGINEER (UTILITY) BHATINDAversusSHRI NARINDER SINGH
2007 INSC 65821 May 2007Disposed off
Shri Narinder Singh, a daily‑wage mazdoor, was engaged by the Garrison Engineer (Utility) of Bhatinda, a Defence Department establishment, from 1 January 1985 to 15 January 1987 and was terminated on 16 January 1987. After about five years he filed a reference seeking regularisation, contending that he had rendered ser…
GOA FOUNDATIONversusUNION OF INDIA & ORS.
2014 INSC 96221 April 2014Disposed off
The Supreme Court examined public‑interest petitions concerning illegal iron‑ore mining in Goa, the validity of the Justice Shah Commission report, and the status of mining leases deemed to have arisen from pre‑1961 Portuguese concessions. It held that the Commission’s report could not be quashed for procedural lapses,…
UNION OF INDIAversusGURBACHAN SINGH AND ANR.
1997 INSC 42021 April 1997Dismissed
The respondent, who had not produced documentary proof of his date of birth, was assessed by a medical board to be about 25 years old and was allowed to retire in 1984 instead of 1980. He filed an application before the Labour Court under Section 33-C(ii) of the Industrial Disputes Act, 1947, seeking all retirement ben…
MOHAN LALversusMANAGEMENT OF M/S BHARAT ELECTRONICS LTD.
1981 INSC 9721 April 1981Appeal(s) allowed
Mohan Lal was employed as a salesman by Bharat Electronics Ltd. from 8 December 1973 and his services were terminated on 19 October 1974. The Labour Court held that the termination was a lawful dismissal on probation and not retrenchment. On appeal, the Supreme Court examined whether the termination fell within the def…
WORKMEN REPRESENTED BY AKHIL BHARTIYA KOYLA KAMGAR UNIONversusEMPLOYERS IN RELATION TO THE MANAGEMENT OF INDUSTRY COLLIERY OF M/S BHARAT COKING COAL LTD AND ORS
2001 INSC 16021 March 2001Appeal(s) allowed
The workmen of a coking coal colliery were retrenched in June 1971 before the mine was taken over by the Central Government and nationalised under the Coking Coal Mines (Nationalisation) Act, 1972. After nationalisation, the new management, Bharat Coking Coal Ltd., refused to re‑employ the 111 retrenched workers. The I…
AJOY KUMAR BANERJEE & ORS. ETC.versusUNION OF INDLA & ORS. ETC.
1984 INSC 6421 March 1984Appeal(s) allowed
The petitioners, employees of the nationalised general insurance companies, challenged the 30 September 1980 notification introducing the General Insurance (Rationalisation and Revision of Pay Scales and Other Conditions of Service) Second Amendment Scheme, alleging it violated Articles 14, 19(1)(g) and 31 of the Const…
UNION OF INDIA AND ANOTHERversusG.M. KOKIL AND OTHERS
1984 INSC 6521 March 1984Dismissed
The Union of India appealed a decision of the Central Government Labour Court which had granted overtime wages at double the ordinary rate to 78 employees of the India Security Press, Nasik, under s.59 of the Factories Act read with s.70 of the Bombay Shops and Establishments Act, 1948. The appellants argued that the r…
NEW INDIA ASSURANCE CO. LTD.versusVIPIN BEHARI LAL SRIVASTAVA
2008 INSC 23421 February 2008Case Allowed
The respondent, a permanent typist, was removed from service on the ground of unauthorized absence. The Industrial Tribunal held that he was suffering from tuberculosis, had applied for sick leave and that the employer had not acted on his applications, thus ordering reinstatement with back wages. The Allahabad High Co…
SAT PAL PURIversusPUNJAB STATE ELECTRICITY BOARD & ORS.
2008 INSC 23721 February 2008Disposed off
The appellants, technical field staff of the Punjab State Electricity Board (PSEB), filed a writ petition seeking parity in remuneration for work performed on Saturdays and Sundays, relying on the Supreme Court’s decision in Municipal Employees Union v. State of Punjab. The Punjab & Haryana High Court had allowed the c…
CIPLA LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.
2001 INSC 10021 February 2001
Cipla Ltd employed cleaning staff through a contractor and routinely terminated them after eleven months to avoid granting permanent status. The Maharashtra General Kamgar Union filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, alleging unfair…
ANAND BIHARI AND ORSversusRAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR THROUGH ITS MANAGING DIRECTOR AND ANR. ETC.
1990 INSC 39520 December 1990Disposed off
The Supreme Court examined the termination of several RSRTC drivers who, after long service, developed defective or sub‑normal eyesight due to occupational hazards. The corporation dismissed them as unfit to drive, and the drivers challenged the dismissals as illegal retrenchment under Section 2(00)(c) of the Industria…
OIL & NATURAL GAS CORPN. LTD.versusENGINEERING MAZDOOR SANGH
2006 INSC 86720 November 2006Disposed off
The Oil & Natural Gas Corporation (ONGC) employs seasonal casual/contingent workers for field survey work from November to May each year. The Engineering Mazdoor Sangh sought regularisation of those workers who had completed at least 240 days of attendance in a twelve‑month period, invoking Rule 2 of the Certified Stan…
STEEL AUTHORITY OF INDIAversusMADHUSUDAN DAS & ORS.
2008 INSC 118620 October 2008Appeal(s) allowed
The case concerned the death of Bhagirathi Das, a mine employee of Steel Authority of India Ltd., who collapsed while on duty. His son sought a compassionate appointment under Para 8.9.4 of the 1989 Memorandum of Settlement, which provides such appointment only if death is due to an accident arising out of and in the c…
MUNICIPAL CORPORATION OF DELHIversusGANESH RAZAK AND ANR.
1994 INSC 47320 October 1994
The Municipal Corporation of Delhi (appellant) challenged awards granted by the Labour Court to daily‑rated/casual workers (respondents) who claimed equal pay with regular employees under the principle of equal pay for equal work. The workers sought computation of arrears of wages at the regular workers' rate, invoking…
CHRISTIAN MEDICAL COLLEGE HOSPITAL EMPLOYEES' UNION & ANR.versusCHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION & ORS.
1987 INSC 28820 October 1987Appeal(s) allowed
The Christian Medical College Vellore Association, a minority‑run educational institution, challenged two references made by the Tamil Nadu Government to the Labour Court under the Industrial Disputes Act, 1947, arguing that sections 9‑A, 10, 11‑A, 12 and 33 of the Act could not apply to a minority institution protecte…
M. L. SINGLAversusPUNJAB NATIONAL BANK AND ANR.
2018 INSC 84120 September 2018Dismissed
The employee M.L. Singla was dismissed by Punjab National Bank after a domestic enquiry that found him guilty of consuming liquor on duty and causing a cash shortage. He challenged the dismissal before the Labour Court, which set aside the dismissal and awarded 50% back wages, but the High Court reversed that award and…
THE MANAGEMENT OF REGIONAL CHIEF ENGINEER P.H.E.D. RANCHIversusTHEIR WORKMEN REP. BY DISTRICT SECRETARY
2018 INSC 84920 September 2018Case Partly allowed
The State of Jharkhand's Public Health and Engineering Department dismissed 37 daily‑wage employees, prompting a reference under Section 10 of the Industrial Disputes Act to the Labour Court, which set aside the dismissals, ordered reinstatement and directed payment of full back wages. The employer challenged this awar…
FOOD CORPORATION OF INDIAversusGEN. SECY. FCI INDIA EMPLOYEES UNION & ORS.
2018 INSC 72020 August 2018Dismissed
The Food Corporation of India (FCI) employed 955 workers at its Chennai branch and disputed whether they were its employees or contract labourers hired through a cooperative society. The workers' union claimed they were permanent employees entitled to regularisation under the Industrial Disputes Act, 1947. The matter w…
K.K. SURESH & ANR. ETC.versusFOOD CORPORATION OF INDIA & ORS. ETC.
2018 INSC 72020 August 2018Dismissed
The appellants, who worked as clerical staff in the premises of the Food Corporation of India (FCI) since 1997, filed writ petitions seeking regularisation and absorption as FCI employees. FCI contended that the appellants were appointed by the Head Load Workers Co‑operative Society and not by FCI, thus no employer‑emp…
FOOD CORPORATION OF INDIA & ANR.versusHEAD LOAD LABOUR CONGRESS (REGN. NO336/85) & ANR.
2018 INSC 72020 August 2018Dismissed
The Food Corporation of India (FCI) was directed by an Industrial Tribunal in Chennai to regularise its workers after abolishing the contract labour system, an award that the Supreme Court later upheld. The workers' union filed writ petitions seeking a mandamus to extend the same regularisation benefits to employees wo…
INDIA YAMAHA MOTOR PVT. LTD.versusDHARAM SINGH & ANR.
2014 INSC 54720 August 2014Dismissed
India Yamaha Motor Pvt. Ltd., the management of a manufacturing unit, challenged the competence of 113 workmen to be represented before the Industrial Tribunal by five elected workmen. The dispute centered on whether Section 6‑1 of the Uttar Pradesh Industrial Disputes Act, 1947 and Rule 40 of the Uttar Pradesh Industr…
CURRENCY NOTE PRESS & ANR.versusN. N. SARDESAI & ORS.
2018 INSC 62520 July 2018Dismissed
The Currency Note Press, a government-owned corporation, was sued by 17 former employees who claimed overtime wages for work done between 1986 and 1990 under Section 33-C(2) of the Industrial Disputes Act, 1947. The Labour Court dismissed their applications, but the Bombay High Court set aside that order and granted th…
DES RAJ, ETC. ETC.versusSTATE OF PUNJAB & ORS. ETC.
1988 INSC 11120 April 1988Appeal(s) allowed
The Supreme Court examined three appeals filed by employees of the Irrigation Departments of Punjab and Haryana who sought relief under the Industrial Disputes Act, 1947, after their applications were rejected by the Labour Court on the ground that the employer was not an ‘industry’. The Court considered whether the Ir…
UNION OF INDIA AND ANR.versusKANKUBEN (DEAD) BY LRS. AND ORS. ETC. ETC.
2006 INSC 15620 March 2006Appeal(s) allowed
The workmen (respondents) filed applications under Section 33‑C(2) of the Industrial Disputes Act, 1947 seeking recovery of overtime allowances for duties involving moving locomotives. The Labour Court allowed the applications and awarded the claimed amounts. The employer (Indian Railways) challenged the award by filin…
GENERAL MANAGER [OPERATIONS] STATE BANK OF INDIAversusSTATE BANK OF INDIA STAFF UNION AND ANR.
1998 INSC 14820 March 1998Appeal(s) allowed
The State Bank of India issued circulars in 1987 requiring any employee who wished to contest municipal council elections to give an undertaking to resign if elected. A clerk and the staff union challenged these circulars, alleging they altered the conditions of service and violated Section 9A of the Industrial Dispute…
BHARAT FORGE COMPANY LTD.versusAB. ZODGE AND ANR.
1996 INSC 29320 February 1996Disposed off
Bharat Forge Co. Ltd. challenged the Industrial Tribunal's refusal to allow it to adduce fresh evidence in support of a dismissal order against employee AB Zodge. The Tribunal, and subsequently the Bombay High Court, held that under Section 11A of the Industrial Disputes Act, 1947, the employer could not be permitted t…
TATE OF UTTARAKHAND & ORS.versusSMT. SURESHWATI
2021 INSC 3220 January 2021Appeal(s) allowed
The case concerned a claim by Smt. Sureshwati that her services as a clerk/assistant teacher in a private school turned government‑aided were illegally retrenched on 8 March 2006 without a disciplinary enquiry. The school contended that she had abandoned her post in July 1997 after marriage and had not been in continuo…
RADHA RAMAN SAMANTAversusBANK OF INDIA AND ORS.
2003 INSC 74219 December 2003Appeal(s) allowed
R.R. Samanta was appointed as a Badli Subordinate Staff/Sepoy in the Bank of India and worked for about 492 days before being asked to stop. He filed a writ petition under Article 226 of the Constitution seeking direction for his absorption as a regular employee. The High Court Single Judge allowed the petition, but th…
M/S. LAXMI RATTAN COTTON MILLS LTD.versusSTATE OF U.P. & ORS .
2008 INSC 131819 November 2008Appeal(s) allowed
In 1980-81 Laxmi Rattan Cotton Mills Ltd. engaged six workers as trainee investigators on a stipend, expressly stating no obligation to appoint them thereafter. After training, the mill offered them clerk positions, which they accepted without protest and later made permanent. When the mill became sick and closed in 19…
DENA BANKversusKRITI KUMAR T. PATEL
1997 INSC 74419 November 1997Appeal(s) allowed
The respondent, K.T. Patel, was dismissed from Dena Bank and the Central Industrial Tribunal ordered his reinstatement, which the bank challenged before the Gujarat High Court. The High Court stayed the award but required the bank to pay wages under Section 17‑B of the Industrial Disputes Act. The respondent sought pay…
RABINDRA CHAMRIA AND ORS., ETC., ETC.versusREGISTRAR OF COMPANIES WEST BENGAL AND ORS., ETC., ETC.
1991 INSC 29919 November 1991Dismissed
The appellants, former directors of a jute mill company, sought relief under Section 633 of the Companies Act, 1956 to be exempted from liability for delayed and non‑payment of Employees' Provident Fund dues. The Calcutta High Court had allowed a consent order permitting instalment payment and restraining criminal pros…
GUJARAT STEEL TUBES LTD.versusGUJARAT STEEL TUBES MAZDOOR SABHA
1979 INSC 24419 November 1979Dismissed
Gujarat Steel Tubes Ltd. and its workers' union, Gujarat Steel Tubes Mazdoor Sabha, clashed after the company terminated 853 employees during an illegal strike. The dispute was referred to arbitration under Section 10A of the Industrial Disputes Act, 1947, and the arbitrator upheld the dismissals. The union challenged …
UNION OF INDIA AND ORS.versusJUMMASHA DIWAN
2006 INSC 72419 October 2006Appeal(s) allowed
The respondent, a daily‑wage casual worker on a railway electrification project, was retrenched when the project closed and received compensation under Section 25‑F of the Industrial Disputes Act, 1947. He challenged the retrenchment, claiming 1,060 days of continuous service that should have given him higher seniority…
M.D., M/S. HINDUSTAN FASTENERS PVT. LTD.versusNASHIK WORKERS UNION
2006 INSC 72519 October 2006Dismissed
STATE OF RAJASTHANversusSARJEET SINGH AND ANR.
2006 INSC 73119 October 2006Appeal(s) allowed
The State of Rajasthan and a Gram Panchayat jointly implemented the "Jal Pradyot Vojna" water‑supply scheme, under which the Gram Panchayat hired Sarjeet Singh as a pump driver on a fixed‑term contract that was extended until the scheme’s completion on 7 Nov 1997. When the scheme ended, his services were terminated. He…
STATE BANK OF INDIAversusTARUN KUMAR BANERJEE AND ORS.
2000 INSC 45119 September 2000Appeal(s) allowed
The appellant State Bank of India dismissed its Head Cashier, T. Arun Kumar Banerjee, after a domestic enquiry found him guilty of misappropriating Rs.1,000 received in excess from a customer. The Central Industrial Tribunal set aside the dismissal, relying on the non‑examination of the customer, non‑production of the …
JACOB M. PUTHUPARAMBIL AND ORS. ETC. ETC.versusKERALA WATER AUTHORITY AND ORS. ETC. ETC.
1990 INSC 29219 September 1990Appeal(s) allowed
The Kerala Water Authority (KWA) was created under the Kerala Water Supply and Sewerage Act, 1986, transferring all Public Health Engineering Department (PHED) employees to the Authority. Employees were divided into four groups based on their dates of appointment, and many faced termination. The petitioners sought regu…
GOPALversusTHE ADMINISTRATIVE OFFICER, MADHYA PRADESH KHADI AND VILLAGE INDUSTRIES BOARD AND ORS.
1985 INSC 18119 August 1985Appeal(s) allowed
Gopal, a store‑keeper‑cum‑accountant of the Madhya Pradesh Khadi and Village Industries Board, was terminated with one month’s notice. He claimed the termination was retrenchment and sought reinstatement, arguing that the Board was an "industry" under the Madhya Pradesh Industrial Relations Act, 1960 and that the Act’s…
EMPLOYEES STATE INSURANCE CORPORATIONversusGNANAMBIGAI MILLS LTD.
2005 INSC 30019 July 2005Appeal(s) allowed
Employees of Gnanambigai Mills Ltd demanded a wage increase, and the dispute was referred to a Special Tribunal. The Tamil Nadu Government, invoking Section 10‑B of the Industrial Disputes Act, issued orders on 15 July 1985 and 29 July 1985 directing the employer to make interim payments to the workmen, with a clause t…
LOKMATNEWSPAPERS PVT. LTD.versusSHANKAR PRASAD
1999 INSC 27919 July 1999Dismissed
Lokmat Newspapers introduced photo‑type composing machines, rendering hand‑composing workers surplus. It issued a notice under Section 9‑A of the Industrial Disputes Act on 25 March 1982, after the machines were already in operation, and initiated conciliation proceedings which were closed at 4:35 pm on 22 June 1982. T…
AVISHEK RAJA & ORS.versusSANJAY GUPTA
2017 INSC 48819 June 2017Disposed off
The Supreme Court examined a large group of contempt petitions filed by newspaper establishments alleging that they had failed to implement the Majithia Wage Board Award, which had been upheld by the Court in a 2014 judgment. The petitioners claimed wilful disobedience of the award, seeking civil contempt under Section…
THE WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATIONversusRAVUTHAR DAWOOD NASEEM
2020 INSC 40119 May 2020Dismissed
The workmen, represented by the FCI Labour Federation, sought to compel the Food Corporation of India (FCI) to regularise contract labourers under the Departmental Labour System (DLS) as directed by the Supreme Court in a 2018 order. The corporation had instead regularised the workers under its long‑existing Direct Pay…
ASSISTANT ENGINEER, RAJASTHANversusRAM CHARAN
2006 INSC 34919 May 2006Appeal(s) allowed
The employer (Assistant Engineer, Rajasthan) terminated pump driver Ram Charan. The Labour Court held that the termination violated Section 25F of the Industrial Disputes Act, 1947 and ordered reinstatement with 25% back wages. The employer challenged the award in the High Court; the Single Judge dismissed the writ pet…
PARADEEP PHOSPHATES LIMITEDversusSTATE OF ORISSA & ORS.
2018 INSC 37719 April 2018Dismissed
Paradeep Phosphates Ltd., a public sector undertaking, raised the retirement age of its employees from 58 to 60 years in 1998 on a government directive to curb losses. When the financial situation did not improve, the government ordered a rollback to 58 years in 2001, and the company withdrew the earlier order in 2002 …
K. K. SAKSENAversusINTERNATIONAL COMMISSION ON IRRIGATION AND DRAINAGE & ORS.
2014 INSC 89218 December 2014Dismissed
K.K. Saksena, a former Secretary of the International Commission on Irrigation and Drainage (ICID), challenged his termination in a writ petition under Article 226, alleging arbitrariness and violation of Article 14. The Delhi High Court dismissed the petition, holding that ICID is not a "State" within Article 12 and d…
BANK OF BARODA & ORS.versusGANPAT SINGH DEORA
2008 INSC 147818 December 2008Appeal(s) allowed
Ganpat Singh Deora, a Bank of Baroda employee aged 40 with 13 years of service, opted for voluntary retirement under the Bank's 2001 Voluntary Retirement Scheme (BOBEVRS‑2001). While he received the scheme’s retiral benefits, his claim for a pension under the Bank of Baroda Employees Pension Regulations, 1995 was denie…
THE DEPOT MANAGER A.P.S.R.T.C.versusP. JAYARAM REDDY
2008 INSC 148018 December 2008Appeal(s) allowed
The respondent, a conductor employed on a casual basis, was removed for misconduct and later reappointed without disclosing his prior dismissal. Upon discovery of this concealment, he was again dismissed following departmental proceedings. The Labour Court upheld the dismissal as valid but deemed the punishment harsh, …
M.C. MEHTAversusUNION OF INDIA AND ORS.
1998 INSC 49218 December 1998Disposed off
The Supreme Court had ordered the closure of 168 industries, including Birla Textiles, and prescribed that workmen would retain continuity of service and receive full wages until the industries restarted at a new location. The management decided to relocate to Baddi, Himachal Pradesh, and issued several notices requiri…
SUNIL KR. GHOSH & ORS.versusK. RAM CHANDRAN & ORS.
2011 INSC 81118 November 2011Appeal(s) allowed
The workers of Philips India Ltd. opposed the transfer of their factory to Kitchen Appliances India Ltd. and refused to join the new employer. After the Labour Department declined to refer their dispute to a tribunal, the workers filed a writ petition seeking retirement and retrenchment benefits. The Single Judge of th…
GENERAL MANAGER, TELECOMversusS. SRINIVASA RAO AND ORS .
1997 INSC 73118 November 1997Dismissed
The Department of Telecom (DoT) of the Union of India appealed a High Court order that held the DoT to be an "industry" under the Industrial Disputes Act, 1947. The Supreme Court examined whether the DoT, engaged in commercial telecommunications services and not performing sovereign functions, falls within the definiti…
R. THIRUVIRKOLAMversusPRESIDING OFFICER AND ANR.
1996 INSC 132018 November 1996Dismissed
The appellant, a technician employed by Madras Fertilizers Ltd., was dismissed on 18 November 1981 after a domestic inquiry that was later held defective by the Labour Court. The Labour Court, however, allowed the employer to prove misconduct and, on its own appraisal of the evidence, upheld the dismissal, issuing its …
STATE OF HARYANAversusDILBAGH SINGH
2006 INSC 71018 October 2006Dismissed
The respondent, Dilbagh Singh, a Beldar in the Public Works Department, was terminated on 25‑December‑1999. A dispute under the Industrial Disputes Act, 1947 was referred to the Labour Court, which held that his termination violated Sections 25‑G and 25‑H because junior employees remained in service, and ordered his re…
KRISHAN PRASAD GUPTAversusCONTROLLER, PRINTING AND STATIONERY
1995 INSC 63318 October 1995Appeal(s) allowed
Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central Administrative Tribunal…
DISTRICT PROGRAMME CO-OORDINATOR, MAHILA SAMKHYA AND ANR.versusABDUL KAREEM AND ANR.
2008 INSC 105818 September 2008Appeal(s) allowed
Mahila Samkhya, a Karnataka society, hired Abdul Kareem as a driver on a fixed‑term contract that was renewed for the period 1 November 1997 to 31 October 1999. The society terminated his services on 3 July 1998 invoking clause XIV of his appointment letter, alleging misconduct. The Labour Court held the termination il…
MOHAN MAHTOversusM/S. CENTRAL COAL FIELD LTD. & ORS.
2007 INSC 94318 September 2007Appeal(s) allowed
A workman employed by Central Coal Field Ltd. died in harness on 23‑02‑1997. His son, Mohan Mahto, applied for a compassionate appointment under sub‑clause (iii) of Clause 9.5.0 of the National Coal Wage Agreement (NCWA V), which required that a male dependent aged 15 or above be kept on a live roster and appointed upo…
GOVERNMENT OF ANDHRA PRADESH AND ORS.versusV.S.R. MURTHY AND ORS.
2001 INSC 44818 September 2001Dismissed
During BIFR proceedings, the Andhra Pradesh Government placed 1,486 surplus employees of Hyderabad Allwyn Ltd. in various government departments and super‑numerary posts, a scheme later sanctioned by BIFR in 1994. Subsequently, the State enacted an ordinance and the 1997 Andhra Pradesh Absorption Act prohibiting the ab…
K.I. SHEPHARD & ORS. ETC. ETC.versusUNION OF INDIA & ORS.
1987 INSC 25518 September 1987Case Allowed
Three private banks were amalgamated with larger banks under schemes drawn pursuant to Section 45 of the Banking Regulation Act, 1949. A total of 125 employees were excluded from service and their contracts terminated without being named in the draft schemes or given a hearing. The excluded employees challenged the exc…
RASHTRIYA MILL MAZDOOR SANGH, NAGPURversusTHE MODEL MILLS, NAGPUR AND ANR.
1984 INSC 17118 September 1984Appeal(s) allowed
The Rashtriya Mill Mazdoor Sangh filed four references under the Bombay Industrial Relations Act seeking bonus for workmen of Model Mills, Nagpur for the years 1964‑68, alleging the employer was liable under the Payment of Bonus Act, 1965. The employer contended that a notified order under Section 18A of the Industries…
M. S. SHIVANANDAversusKARNATAKA STATE ROAD TRANSPORT CORPORATION AND OTHERS
1979 INSC 18518 September 1979Dismissed
The Karnataka Government promulgated the Contract Carriages (Acquisition) Ordinance, 1976 which provided that certain employees of contract carriage operators would be automatically absorbed into the Karnataka State Road Transport Corporation (KSRTC) at a ratio of 7.9 per vehicle. The Ordinance was later repealed and r…
U.P.S.R.T.C.versusMITTHU SINGH
2006 INSC 52318 August 2006Case Partly allowed
Mitthu Singh, a bus driver for Uttar Pradesh State Road Transport Corporation, was terminated after three alleged incidents of refusing to stop the bus on signals from a checking squad. An enquiry officer found the charges proved and the termination was confirmed by the appellate authority. The Labour Court set aside t…
NORTH WEST KARNATAKA ROAD TRANSPORT CORPN.versusH.H. PUJAR
2008 INSC 84418 July 2008Case Allowed
The respondent, a bus conductor, was found not to have issued tickets to 20 of 136 passengers when his bus was intercepted. A domestic enquiry concluded he was guilty and he was dismissed. The Labour Court set aside the dismissal, ordering reinstatement and back wages, on the ground that the cash bag and the ticket‑les…
MICROWAVE PROJECT, KOTA AND ANR.versusRAMESH CHAND
2007 INSC 76318 July 2007Appeal(s) allowed
Ramesh Chand was engaged as a casual labourer for a specific microwave project and worked for more than 240 days before the project was completed and the office was abolished. He challenged his termination, arguing that it violated the mandatory requirements of Section 25-F of the Industrial Disputes Act, 1947. The Ind…
AIR INDIAversusUNION OF INDIA AND OTHERS
1995 INSC 40218 July 1995Dismissed
Air India, created under the Air Corporations Act, 1953, had its employees' service conditions governed by the Air India Employees Service Regulations framed under Section 45 of that Act. After the Deputy Chief Labour Commissioner certified the standing orders under the Industrial Employment (Standing Orders) Act, 1946…
M/S. HARYANA SURAJ MALTING LTD.versusPHOOL CHAND
2018 INSC 53718 May 2018Disposed off
The case concerned whether an Industrial Tribunal or Labour Court loses its jurisdiction to set aside an ex‑parte award once the award becomes enforceable under Section 17A of the Industrial Disputes Act, 1947. The appellant, Haryana Suraj Malting Ltd., sought to have an ex‑parte award against workman Phool Chand recal…
SECURITY PRINTING AND MINTING CORPORATION OF INDIA LTD. & ORS. ETCversusVIJAY D. KASBE AND ORS. ETC
2023 INSC 38818 April 2023Appeal(s) allowed
The appellants, supervisory employees of the Security Printing and Minting Corporation of India Ltd., claimed double overtime allowance under Section 59(1) of the Factories Act, 1948 for work performed between 1988 and 2005. Their claim arose while they were central government servants holding civil posts, and therefor…
INDER PAL YADAV AND ORS. ETC.versusUNION OF INDIA AND ORS ETC.
1985 INSC 9618 April 1985Dismissed
Project casual labourers of Indian Railways, who had served continuously for years, were terminated when their projects ended. They filed writ petitions invoking Articles 41, 42 and 14 of the Constitution, seeking security of employment. The Railway Ministry issued a scheme treating such workers as temporary after 360 …
VISHNU DAYAL JHUNJHUNWALA & ANR.versusUNION OF INDIA AND OTHERS
1984 INSC 8618 April 1984Dismissed
The appellant owned a sugar mill that had been permanently shut down before the Central Government issued an order under Rule 125A of the Defence of India Rules, 1962, taking over its management and appointing an authorised controller. The appellant argued that because the mill was closed and not engaged in production,…
TAMILNADU TERMINATED FULL TIME TEMPORARY UC EMPLOYEES ASSOCIATIONversusLIFE INSURANCE CORPORATION OF INDIA& ORS.
2015 INSC 23518 March 2015Appeal(s) allowed
The case concerned workmen of Life Insurance Corporation of India (LIC) who had been employed as temporary, badli and part‑time staff after 20 May 1985 and sought absorption as regular employees. Earlier awards of the National Industrial Tribunal (NIT) by Justice R.D. Tulpule (1986) and clarified by Justice S.M. Jamdar…
HONGKONG & SHANGHAI BANKING CORP. LTD.versusGOVERNMENT OF INDIA & ANR.
2009 INSC 36518 March 2009Disposed off
Mrs. Manju Saxena, a staff officer of Hongkong & Shanghai Banking Corp., was terminated after the bank discontinued her post and paid her a severance package of about Rs 8.17 lakh. The Government of India referred the dispute to the Central Government Industrial Tribunal, which issued an interim award directing the ban…
M.P. VIDYUT KARAMCHARI SANGHversusM.P. ELECTRICITY BOARD
2004 INSC 18318 March 2004Dismissed
The case concerned a dispute over the retirement age of employees of the Madhya Pradesh Electricity Board. The Board, under Section 79(c) of the Electricity (Supply) Act, 1948, reduced the retirement age to 58 years by a notification dated 26‑December‑2000, overturning an earlier agreement (dated 10‑June‑1996) that had…
MANAGEMENT OF KARNATAKA STATE ROAD TRANSPORT CORPORATION ETC.versusKSRTC STAFF AND WORKERS FEDERATION AND ANR. ETC.
1999 INSC 7018 February 1999Dismissed
The Karnataka State Road Transport Corporation entered into a 1988 settlement with the KSRTC Staff and Workers Federation granting a Pay Roll Check‑Off facility for union subscriptions. Although the union’s recognition expired in July 1996, no fresh referendum was held. In May 1993 a Memorandum of Understanding was sig…
MIS RAHMAN INDUSTRIES PVT. LTDversusSTATE OF LJ.P. AND OTHERS
2016 INSC 5318 January 2016Case Partly allowed
Mis Rahman Industries Pvt. Ltd. appealed against a High Court order that mandatorily directed the Government of Uttar Pradesh to refer a dispute raised by workmen to a Labour Court for adjudication. The Supreme Court examined whether such a direction infringed the Government's statutory discretion under the Industrial …
WORKMEN OF BALMADIES ESTATESversusMANAGEMENT BALMADIES ESTATE AND ORS.
2008 INSC 6818 January 2008Dismissed
Two workmen, Stephen and Nallusami, were charged with theft of a pesticide and dismissed after a domestic enquiry that relied on the testimony of two witnesses who claimed the accused had confessed in their presence. The Labour Court held that the enquiry officer had not properly appreciated the evidence and that there…
MIS. BLHAR CAUSTIC & CHEMICALS LTD.versusKRIPA PANDEY
2008 INSC 7118 January 2008Case Partly allowed
Kripa Pandey worked as a driver in the Bihar Caustic & Chemicals Ltd. factory during its construction, being engaged by a contractor under the Contract Labour (Regulation and Abolition) Act, 1970. He was terminated in September 1984 and claimed that the termination was illegal, seeking reinstatement and back wages. The…
GUJARAT AGRICULTURAL UNIVERSITYversusRATHOD LABHU BECHAR AND ORS.
2001 INSC 3318 January 2001Disposed off
The Gujarat Agricultural University, a state‑aided institution, employed daily‑wage workers such as plumbers, carpenters and sweepers. The workers claimed regularisation and benefits of permanent Class IV employees after completing ten years of service, invoking Section 10(1)(c) of the Industrial Disputes Act. The Indu…
NATIONAL TEXTILE CORPORATION (APKKM) LIMITEDversusSREE YELLAMMA COTTON, WOOLLEN AND SILK, MILLS STAFF ASSOCIATION AND ORS
2001 INSC 3418 January 2001Dismissed
The National Textile Corporation (APKKM) Ltd. entered into a five‑year settlement with its ministerial staff that barred any claim for revision of terms, while a separate settlement with workmen introduced a seven‑day work week and higher emoluments. The ministerial staff later raised an industrial dispute seeking a ch…
CHOLAN ROADWAYS LTD.versusG. THIRUGNANASAMBANDAM
2004 INSC 72617 December 2004Appeal(s) allowed
A bus driven by the respondent crashed, killing seven passengers. The employer dismissed the driver after a domestic enquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act. The Industrial Tribunal refused approval, holding that the enquiry was flawed because the passengers we…
DIVISIONAL MANAGER, PLANTATION DIVISION, ANDAMAN & NICOBAR ISLANDSversusMUNNU BARRICK AND ORS.
2004 INSC 72717 December 2004Appeal(s) allowed
The Division Manager, Plantation Division, Andaman & Nicobar Islands (the appellant) dismissed eight workmen for alleged misconduct after an ex‑parte domestic enquiry, as the workmen failed to attend the enquiry. The workmen raised an industrial dispute before the Labour Court, which ordered their reinstatement, holdin…
BAJAJ AUTO LTD.versusBHOJANE GOPINATH D. AND ORS.
2003 INSC 72917 December 2003Disposed off
The workmen of Bajaj Auto Ltd. alleged that the company employed a rotation system of temporary workers to avoid granting permanency after 240 days of uninterrupted service, invoking Rule 4C of the Model Standing Orders. The Industrial Court found unfair labour practices under Item 6 of Schedule IV of the Maharashtra R…
STATE OF RAJASTHANversusKUNJI RAMAN
1996 INSC 150217 December 1996Case Partly allowed
Kunji Raman and 36 other work‑charged employees of the Mahi Sagar Project filed a writ petition alleging that the Rajasthan Service Rules, 1951 and the Rajasthan Service (Concessions on Project) Rules, 1962/1975 were inapplicable to them, depriving them of house‑rent allowance, project allowance and leave encashment. T…
J. D. JAINversusTHE MANAGEMENT OF STATE BANK OF INDIA & ANR.
1981 INSC 20717 December 1981Dismissed
J.D. Jain, a cashier of State Bank of India, was charged with altering a letter of authority to withdraw Rs 1,500 instead of Rs 500, withdrawing the excess amount and misappropriating Rs 1,000. A departmental enquiry found him guilty and discharged him. The Industrial Tribunal, exercising powers under S. 11A of the Ind…
PAWAN KUMAR AGARWALAversusGENERAL MANAGER-II & APPOINTING AUTH. STATE BANK OF INDIA & ORS.
2015 INSC 84217 November 2015Appeal(s) allowed
Pawan Kumaragarwala, a bank officer, was charged with misconduct for allegedly influencing a loan application and helping a borrower obtain a second loan from another SBI branch without disclosing an existing loan. A disciplinary enquiry found several charges proved and imposed dismissal. The High Court Single Judge se…
AIR INDIA CABIN CREW ASSN. & ORS.versusUNION OF INDIA & ORS.
2011 INSC 80817 November 2011Dismissed
The Air India Cabin Crew Association challenged the management’s revised promotion policy and the government’s 2003 directive that equalised the retirement and flying ages of male Flight Pursers and female Air Hostesses. The petitioners argued that these changes violated earlier bilateral settlements, the Air Corporati…
PUNJAB STATE ELECTRICILY BOARDversusDARBARA SINGH
2005 INSC 56917 November 2005Appeal(s) allowed
The Punjab State Electricity Board appointed the respondent as a daily‑wage peon for a series of specific, conditional periods, ending when a regular employee was hired. After the appointment ended in June 1989, the respondent filed a demand for reinstatement in 1997; the Labour Court ordered reinstatement with back wa…
KISHORE CHANDRA SAMALversusTHE DIVISIONAL MANAGER. ORISSA STATE CASHEW DEVELOPMENT CORPORATION LTD. DHENKANAL
2005 INSC 57117 November 2005Dismissed
Kishore Chandra Samal was repeatedly appointed as a junior typist on a daily wage (N.M.R.) basis for specific fixed periods by the Orissa State Cashew Development Corporation. After the last fixed-term appointment expired on 3 May 1989, no further extension was given and his service automatically ceased. He claimed tha…
B.S. SHARMAversusSTATE OF HARYANA AND ANR.
2000 INSC 53317 November 2000Dismissed
The petitioner, a judicial officer of the Haryana Judicial Service, was transferred by the High Court in 1997 to serve as Presiding Officer of an Industrial Tribunal‑cum‑Labour Court. He argued that, under Section 7‑C of the Industrial Disputes Act, 1947, he could remain in that post until the age of 67, even though th…
RAM LAKHAN ETC. ETC.versusPRESIDING OFFICER AND ORS.
1999 INSC 52217 November 1999Appeal(s) allowed
The appellants, employees of Swatantra Bharat Mill, were charged and suspended in 1986 while an industrial dispute was pending before the Industrial Tribunal. The management filed an application under Section 33(1) of the Industrial Disputes Act, 1947, seeking permission to dismiss the employees after the enquiry. The …
MANAGEMENT OF NILPUR TEA ESTATEversusSTATE OF ASSAM AND ORS.
1995 INSC 75217 November 1995Appeal(s) allowed
The Management of Nilpur Tea Estate terminated the services of an employee on 1 February 1982 following a charge-sheet and domestic enquiry. The Labour Court set aside that termination and ordered reinstatement, a decision upheld by the High Court. While the reinstatement was pending, the employer again terminated the …
BHAGWAN DASS CHOPRAversusUNITED BANK OF INDIA & ORS.
1987 INSC 33717 November 1987Appeal(s) allowed
Bhagwan Dass Chopra, a former clerk of Narang Bank of India Ltd., was terminated in February 1975 and raised an industrial dispute before the Central Government Industrial Tribunal. While the case was pending, Narang Bank merged into United Bank of India (UBI) on 1 August 1976, and UBI was impleaded as the successor in…
HIND FILTERS LTD. & ANR.versusHIND FILTER EMPLOYEES’ UNION & ANR.
2023 INSC 79917 August 2023Appeal(s) allowed
The management of Hind Filters Ltd. applied to the Labour Court for permission to retrench workers, but the Labour Commissioner referred the dispute to the Labour Court despite the establishment employing more than 100 workmen, which under Section 10 of the Industrial Disputes Act, 1947, would require referral to an In…
DIVISIONAL CONTROLLER, N.E.K.R.T.C.versusH.AMARESH
2006 INSC 43717 July 2006Appeal(s) allowed
The respondent, H. Amresh, a conductor with the Karnataka State Road Transport Corporation, was charged with several offences including consumption of alcohol while on duty and short‑remittance of cash. An internal inquiry found all charges proved and dismissed him. He raised an industrial dispute under Section 10(4) o…
MANAGER (NOW REGIONAL DIRECTOR), R.B.I.versusGOPINATH SHARMA AND ANR.
2006 INSC 43817 July 2006Appeal(s) allowed
The case concerned Gopinath Sharma, a daily‑wage (Ticca Mazdoor) employee of the Reserve Bank of India, who worked only 58 days in 1975‑76 and was omitted from the 1976‑77 waiting list. After repeated representations, the dispute was referred to a Central Government Industrial Tribunal, which rejected his claim on grou…
MAKHAN SINGHversusNARAINPURA CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LTD. & ANR.
1987 INSC 17117 July 1987Appeal(s) allowed
Makhan Singh, the Secretary of Narainpura Co‑operative Agricultural Service Society Ltd., was absent from work between 11‑May‑1981 and 29‑May‑1981, claiming illness and leave. The Society terminated his employment on 30‑May‑1981 without conducting a domestic enquiry and alleged that he had gone on strike without leave …
TAMIL NADU MEDICAL SERVICES CORPORATION LIMITEDversusTAMIL NADU MEDICAL SERVICES CORPORATION EMPLOYEES WELFARE UNION & ANR.
2024 INSC 44617 May 2024
The Tamil Nadu Medical Services Corporation (TNMSC), a government‑owned company, employed a number of workers who sought regularisation under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. An Inspector of Labour found that 53 workers had completed the requisite 480 days …
ONGC LTD.versusPETROLEUM COAL LABOUR UNION & ORS.
2015 INSC 33817 April 2015Dismissed
The Oil and Natural Gas Corporation (ONGC) appointed security workmen through contractors, a cooperative society and later by direct memorandum, without following its recruitment rules. The workmen claimed regularisation after completing more than 240 days of service, alleging an unfair labour practice. The Industrial …
U .P. POWER CORPORATION LTD. AND ANR.versusBIJLI MAZDOOR SANGH AND ORS.
[2007] 5 S.C.R. 25617 April 2007Appeal(s) allowed
U.P. Power Corporation Ltd terminated two daily‑wage Chowkidars in 1979. The Industrial Tribunal held the termination illegal under s.25‑F of the Industrial Disputes Act, 1947 and s.6‑N of the U.P. Industrial Disputes Act, 1947, ordered their reinstatement and deemed them regularised after three years. The High Court d…
DIRECTOR, FOOD AND SUPPLIES, PUNJAB AND ANR.versusGURMIT SINGH
2007 INSC 43117 April 2007Appeal(s) allowed
Gurmit Singh was employed as a daily‑wage chowkidar by the Director, Food and Supplies, Punjab from 1 June 1985 until his termination on 25 August 1986 without notice or compensation. He invoked the Industrial Disputes Act, 1947 before the Labour Court, which found he had worked more than 240 days and ordered his reins…
TRANSMISSION CORPN., A.P. LTD. AND ORS.versusP. RAMACHANDRA RAO AND ANR.
2006 INSC 23017 April 2006Appeal(s) allowed
The respondents, who retired on 30 April 1990, sought parity in pension and terminal benefits with employees retiring on or after 1 July 1990, arguing that the corporation's pay‑scale revision dated 1 July 1990 discriminated against them. The corporation relied on a Memorandum of Settlement executed under Section 12(3)…
STATE BANK OF INDIA AND ORSversusSTATE BANK OF INDIA CANTEEN EMPLOYEES' UNION (BENGAL CIRCLE) AND ORS.
2000 INSC 22017 April 2000Appeal(s) allowed
The State Bank of India (SBI) was challenged by its Canteen Employees' Union, which claimed that canteen staff employed by Local Implementation Committees (LIC) under SBI's welfare scheme were de facto SBI employees and should be absorbed. The Industrial Tribunal held there was no employer‑employee relationship because…
M/S. EMPIRE INDUSTRIES LTD.versusSTATE OF MAHARASHTRA & ORS.
2010 INSC 15617 March 2010Dismissed
The appellant, Empire Industries Ltd., locked out its Garlick Engineering factory over three demands: cessation of agitational activities, a ceiling on dearness allowance, and retrenchment of workers. The State of Maharashtra, exercising power under section 10(3) of the Industrial Disputes Act, 1947, issued an order pr…
HARI NANDAN PRASAD & ANR.versusEMPLOYER L/R TO MANGMT.OF FCI & ANR.
2014 INSC 10417 February 2014Case Partly allowed
The appellants, Hari Nandan Prasad and Govind Kumar Chaudhary, were casual daily‑wage workers of the Food Corporation of India who were terminated after more than 240 days of continuous service without notice, pay in lieu of notice or retrenchment compensation, violating Section 25‑F of the Industrial Disputes Act, 194…
GURU JAMBHESHWAR UNIVERSITY, HISARversusDHARAM PAL
2007 INSC 6217 January 2007Appeal(s) allowed
Guru Jambheshwar University terminated the services of Dharam Pal, an unskilled workman paid on a monthly basis, after closing its farming operations. The workman claimed that the retrenchment compensation paid under Section 25F(b) of the Industrial Disputes Act, 1947 was insufficient because the Labour Court had calcu…
JAIPUR ZILA SAHAKARI BHOOMI VIKAS BANK LTD.versusSHRI RAM GOPAL SHARMA AND ORS.
2002 INSC 2917 January 2002Dismissed
The Supreme Court examined the dismissal of Ram Gopal Sharma by Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd while an industrial dispute was pending. The employer had filed an application for approval of the dismissal under the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947, but the application was reje…
M/S. ORISSA TEXTILE AND STEEL LTD.versusSTATE OE ORISSA AND ORS.
2002 INSC 3117 January 2002Directions issued
The Supreme Court examined the constitutional validity of the amended Section 25‑0 of the Industrial Disputes Act, 1947 (and the identical Section 6‑W of the U.P. Industrial Disputes Act) which governs the closure of large industrial undertakings. The Court considered whether the procedural and substantive defects iden…
HOMBE GOWDA EDN TRUST AND ANR.versusSTATE OF KARNATAKA AND ORS.
2005 INSC 63016 December 2005Appeal(s) allowed
A lecturer (Venkappa Gowda) assaulted the principal of a private college with a chappal and used abusive language. The management dismissed him under the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975; he appealed to the Educational Appellate Tribunal, which set aside the dismissal and im…
SONEPAT COOPERATIVE SUGAR MILLS LTD.versusRAKESH KUMAR
2005 INSC 63116 December 2005Dismissed
Sonepat Cooperative Sugar Mills Ltd. employed Rakesh Kumar on daily wages in its computer department from 1 July 1998 to 31 August 1999 and later terminated his services. Kumar claimed the termination violated Section 25F of the Industrial Disputes Act, 1947 because he had worked more than 240 days in the preceding yea…
MANAGEMENT OF M.C.D.versusPREM CHAND GUPTA AND ANR.
1999 INSC 56616 December 1999Disposed off
The Delhi Municipal Corporation (MCD) terminated the services of Prem Chand Gupta, a temporary Section Officer, on 29 April 1966 after he had served continuously for more than 240 days in a calendar year. Gupta raised an industrial dispute; the Labour Court and a High Court Single Judge held the termination was lawful …
CRESCENT DYES AND CHEMICALS LTD.versusRAM NARESH TRIPATHI
1992 INSC 34316 December 1992Appeal(s) allowed
Ram Naresh Tripathi, a workman, was charge‑sheeted for misconduct and sought to be represented at his domestic enquiry by Talraja, an office‑bearer of a Mazdoor Union to which he belonged. The enquiry officer refused, stating that Talraja was not a member of a recognised or unrecognised union operating in the company a…
THE CHAIRMAN, STATE BANK OF INDIA ANDversusM. J. JAMES
2021 INSC 73216 November 2021Appeal(s) allowed
The former manager of the Bank of Cochin, M.J. James, was dismissed for sanctioning advances in violation of head‑office instructions. During the disciplinary inquiry he was denied the right to be represented by an officer of a bank‑employees' union other than the Bank of Cochin, which he claimed violated Clause 22(ix)…
M.D., KARNATAKA HANDLOOM DEV. CORPN. LTD.versusSRI MAHADEVA LAXMAN RAVAL
2006 INSC 85816 November 2006Appeal(s) allowed
The Karnataka Handloom Development Corporation appointed Sri Mahadeva Laxman Raval as an expert weaver on a fixed‑term, honorarium‑based contract under the Vishwa programme. After the nine‑month contract expired, the corporation did not renew his engagement, and Raval claimed that his termination amounted to retrenchme…
INDIAN DRUGS AND PHARMACEUTICALS LTD.versusWORKMAN, INDIAN DRUGS AND PHARMACEUTICALS LTD.
2006 INSC 85916 November 2006Appeal(s) allowed
The Supreme Court considered a dispute where Indian Drugs and Pharmaceuticals Ltd., a loss‑making public sector undertaking, had appointed ten dependants of deceased employees as casual daily‑rate workers without any vacancy or rule. The Labour Court had ordered their regularisation and the High Court, while rejecting …
SH. RAMESHWAR MANJHI (DECEASED) THROUGH B HIS SON SH. LAKHIRAM MANJHIversusTHE MANAGEMENT OF SANGRAMGARH COLLIERY AND ORS.
1993 INSC 37016 November 1993Appeal(s) allowed
Rameshwar Manjhi, a coal cutter, was injured at work and was denied light‑duty work, leading to his termination and compensation. He filed an individual industrial dispute under Section 2A of the Industrial Disputes Act, 1947, which was referred to the Central Government Industrial Tribunal. While the reference was pen…
GENERAL LABOUR UNION (RED FLAG) BOMBAYversusB. V. CHAVAN AND ORS.
1984 INSC 21416 November 1984Disposed off
The General Labour Union (Red Flag) Bombay filed two complaints alleging that the employers, Delta Wires Pvt. Ltd. and Delta Spokes Manufacturing Co., had imposed a lock‑out in violation of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1…
JOHN D’ SOUZAversusKARNATAKA STATE ROAD TRANSPORT CORPORATION
2019 INSC 114716 October 2019Case Partly allowed
John D’ Souza, a former bus conductor, was dismissed by Karnataka State Road Transport Corporation after a domestic enquiry that found him guilty of absenteeism. While an industrial dispute concerning his dismissal was pending before the Labour Court, the corporation sought permission to effectuate the dismissal under …
K.D. DEWANversusHARBHAJAN S. PARIHAR
2001 INSC 51416 October 2001Dismissed
The appellant, K.D. Dewan, had occupied a residential premises in Chandigarh since 1965, initially paying rent to the father of the respondent and thereafter to the respondent, Harbhajan S. Parihar. The respondent filed an eviction application under Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949, …
TATA ENGINEERING & LOCOMOTIVE CO. LTD.versusTHEIR WORKMEN
1981 INSC 17916 October 1981Appeal(s) allowed
In a dispute between Tata Engineering & Locomotive Co. Ltd. and its workmen, two unions – the Telco Union (minority) and the Telco Kamgar Sanghatana (majority) – were involved. A settlement was reached on 7 February 1970 between the company and the Sanghatana and was signed by 564 of the 635 daily‑rated workers. The Te…
STATE OF PUNJABversusLABOUR COURT, JULLUNDUR & ORS
1979 INSC 21016 October 1979Appeal(s) allowed
The Supreme Court examined whether the Hydel Upper Bari Doab Construction Project, undertaken by the Punjab Hydel Department, qualified as an "establishment" under Section 1(3)(b) of the Payment of Gratuity Act, 1972, and whether the retrenchment of its workers entitled them to gratuity. It held that the project fell w…
STATE BANK OF INDIA & ORS.versusNEELAM NAG
2016 INSC 87816 September 2016Case Partly allowed
The respondent, a senior assistant of State Bank of India, was alleged to have caused a loss of over Rs.44 lakh by facilitating fraudulent credit and misplacing clearing instruments in May 2006. A criminal case under Sections 409 and 34 of the IPC was filed in 2007, but the trial progressed slowly, with only three of e…
M/S. TATA IRON & STEEL CO. LTD.versusSTATE OF JHARKHAND & ORS.
2013 INSC 62516 September 2013Appeal(s) allowed
Tata Iron & Steel Ltd. (Tata Steel) sold its cement division to Lafarge India under a Business Transfer Agreement, which purportedly transferred the employees to the buyer. The transferred workers later complained that they were forced to work for Lafarge without consent and sought to be taken back by Tata Steel, alleg…
THE PATIALA CENTRAL COOPERATIVE BANK LTD.versusTHE PATIALA CENTRAL COOPERATIVE BANK EMPLOYEES UNION AND ANR. ETC.
1996 INSC 105616 September 1996Appeal(s) allowed
The Patiala Central Cooperative Bank and its employees' union entered into a comprehensive settlement on 28 May 1973, valid for four years, covering pay scales and dearness allowance. After the settlement expired on 31 March 1977, the bank issued a notice on 25 February 1978 under Section 19(2) of the Industrial Disput…
STATE BANK OF INDIA AND ANOTHERversusAJAY KUMAR SOOD
2022 INSC 83316 August 2022Appeal(s) allowed
The Supreme Court examined a Division Bench judgment of the Himachal Pradesh High Court that affirmed a disciplinary dismissal of a bank employee but was written in an incomprehensible manner. The Court held that a judgment must be clear, logical and accessible to the parties and the public, and that incoherent judgmen…
ASSISTANT ENGINEER, RAJASTHAN STATE AGRICULTURE MARKETING BOARD, SUB-DIVISION, KOTAversusMOHAN LAL
2013 INSC 54216 August 2013Case Partly allowed
The appellant, a state agriculture marketing board, terminated the services of workman Mohan Lal in February 1986 without notice or retrenchment compensation. The workman raised an industrial dispute six years later, and the Labour Court held the termination violated Section 25‑F of the Industrial Disputes Act, 1947, o…
PFIZER LTD.versusMAZDOOR CONGRESS AND ORS.
1996 INSC 89216 August 1996Appeal(s) allowed
Pfizer Ltd., a pharmaceutical manufacturer, terminated two security staff members (respondents) after they were arrested for alleged theft, invoking its standing order for loss of confidence. The respondents filed complaints under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour …
BHAVNAGAR MUNICIPAL CORPORATIONversusSALIMBHAI UMARBHAI MANSURI
2013 INSC 47116 July 2013Appeal(s) allowed
The respondent was engaged as a daily‑wage helper for two fixed periods totaling 54 days, after which his service automatically terminated as per the contract. He raised an industrial dispute alleging that his termination amounted to retrenchment under the Industrial Disputes Act, 1947, seeking reinstatement with conti…
FOOD CORPORATION OF INDIA WORKERS UNIONversusFOOD CORPORATION OF INDIA AND ANR.
1996 INSC 74616 July 1996Disposed off
The Food Corporation of India (FCI) had employed 464 handling mazdoors at its Siliguri depot, first through a contractor, then via a direct‑payment system, and later reverted to the contractor method. The workers, represented by their union, claimed that the re‑introduction of the contractor system was illegal and that…
S. GANAPATHY AND ORS.versusAIR INDIA AND ANR.
1993 INSC 21916 June 1993Dismissed
The appellants, employees of Air India, were dismissed after disciplinary proceedings and were paid one month's salary reduced by Rs.10-15 for tax deducted under the West Bengal State Tax Act, 1979. Air India sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947, which was rejecte…
M/S CABLE CORPORATION OF INDIA LTD.versusADDITIONAL COMMISSIONER OF LABOUR AND ORS.
2008 INSC 70216 May 2008Appeal(s) allowed
Mis Cable Corporation of India Ltd applied to retrench 280 workmen under s.25‑N(2) of the Industrial Disputes Act, 1947. The Specified Authority allowed retrenchment of 276 workers but rejected the unions' applications under s.25‑N(6) for review or reference. The Bombay High Court, however, directed the authority to re…
G.M. ONGC, SHILCHARversusONGC CONTRACTUAL WORKERS UNION
2008 INSC 70616 May 2008Dismissed
The Oil and Natural Gas Commission (ONGC) engaged a large number of workers through contractors for its drilling operations in Cachar. The ONGC Contractual Workers Union sought regularisation of these workers' services, leading the State Government to refer the dispute to an Industrial Tribunal. The Tribunal held that …
D.KRISHNAN & ANR.versusSPECIAL OFFICER, VELLORE CO-OPERATIVE SUGAR MILL & ANR.
2008 INSC 70716 May 2008Dismissed
The appellants, who were managers of a canteen in a sugar mill, claimed overtime wages and filed an application under Section 33C(2) of the Industrial Disputes Act, 1947. The Labour Court allowed the claim on the basis of punch‑card records, but the High Court set aside the award, holding that Section 33C(2) is an exec…
FOOD CORPORATION OF INDIA & ANR.versusPALA RAM & ORS.
2008 INSC 72116 May 2008Disposed off
The Food Corporation of India (FCI) had earlier been subject to a 1976 Central Government notification prohibiting the employment of contract labour for sweeping, cleaning, dusting and watching of its buildings. In 1992 the Central Government withdrew that prohibition, raising the question of whether the 1976 notificat…
MOHD. ALIversusSTATE OF H.P. AND OTHERS
2018 INSC 34616 April 2018Dismissed
Mohd. Ali was employed as a casual labourer on a muster‑roll at an agricultural seed farm from 1980 to 1991, completing the statutory 240 days of work only in the years 1980‑1982 and 1986‑1989. He ceased work in 1991 without informing his employer. In 2005 he sought relief under Section 10 of the Industrial Disputes Ac…
BANGALORE METROPOLITAN TRANSPORT CORPN.versusT.V. ANANDAPPA
2009 INSC 54516 April 2009Case Partly allowed
The respondent, a Badli Conductor employed by Bangalore Metropolitan Transport Corporation, was removed from the list of Badli Conductors in 1995 for alleged unauthorized absence. He later filed a claim under Section 10(4-A) of the Industrial Disputes Act, which he withdrew, and subsequently raised a dispute under Sect…
M/S. CREATIVE GARMENTS LTDversusKASHIRAM VERMA
2023 INSC 24316 March 2023Appeal(s) allowed
The employer, M/s. Creative Garments Ltd., appealed against a Labour Court award that reinstated employee Kashiram Verma with back wages. The employee never reported for duty despite multiple communications, and his permanent address was never furnished; only a "care of Union" address was provided. The Supreme Court fo…
KAPRA MAZDOOR EKTA UNIONversusMANAGEMENT OF M/S. BIRLA COTTON SPINNING AND WEAVING MILLS LTD. AND ANR.
2005 INSC 14516 March 2005Dismissed
The Kapra Mazdoor Ekta Union challenged the Industrial Tribunal’s recall of its award dated 12 June 1987, which was based on a settlement reached on 17 May 1983 during conciliation proceedings. The union filed an application for recall on 7 September 1987, two days before the award became enforceable under Section 17A …
SEELAN RAJ AND ORS.versusTHE PRESIDING OFFICER 1ST ADDITIONAL LABOUR COURT, CHENNAI AND ORS.
2001 INSC 14916 March 2001Matter referred to larger bench
The Supreme Court examined an appeal arising from the closure of a data processing division of a computer services company. The central question was whether the activities of data processing and software preparation constitute a "manufacturing process" under Section 2(k) of the Factories Act, 1948, thereby rendering th…
SANTURAM YADAV AND ANR.versusSECRETARY, KRISHI UPAJ M.S. SEMETARA AND ANR.
2010 INSC 10116 February 2010Appeal(s) allowed
Santuram Yadav and other daily‑wage workers were employed as Nakedar and, facing removal, entered into a compromise with their employer that provided for reinstatement and seniority from their first appointment. The Labour Court initially awarded reinstatement, but the workers were later dismissed again. Their claim fo…
CEAT LTD.versusANAND ABASAHEB HAWALDAR AND ORS.
2006 INSC 8916 February 2006Appeal(s) allowed
CEAT Ltd. introduced a Voluntary Retirement Scheme (VRS‑I) which 337 employees accepted, and later a second scheme (VRS‑II) under a Memorandum of Understanding which 179 employees accepted. Six former employees who had retired under VRS‑I alleged that the company committed an unfair labour practice by paying a Rs 90,00…
L. ROBERT D'SOUZAversusTHE EXECUTIVE ENGINEER SOUTHERN RAILWAY & ANR.
1982 INSC 2116 February 1982Appeal(s) allowed
L. Robert D'Souza, who had served continuously in Southern Railway since 1948, was transferred as punishment for union activities and later reinstated. In September 1974, while on a fast, he was deemed to have unauthorisedly absent himself and his service was terminated retrospectively from 18‑September 1974. He challe…
RAJASTHAN STATE ROAD TRANSPORT CORP. MANAGING DIRECTOR & ANR.versusRAMESH KUMAR SHARMA
2020 INSC 4716 January 2020Dismissed
Workmen filed a civil suit in 2005 seeking a declaration and permanent injunction against a fine imposed by Rajasthan State Road Transport Corporation. The corporation moved an application under Order VII Rule 11 of the CPC to dismiss the suit and refer the matter to the Industrial Disputes Act, 1947. The application a…
EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH COLLIERY OF M/S BHARAT COKING COAL LTD.versusTHEIR WORKMEN REPRESENTED BY RASHTRIYA COLLIERY MAZDOOR SANGH
2006 INSC 2416 January 2006Appeal(s) allowed
The Supreme Court examined two disputes referred by the Central Government under Section 10 of the Industrial Disputes Act, 1947, concerning whether workers engaged through a contractor at Sudamdh Colliery were to be treated as workmen of the principal employer, Bharat Coking Coal Ltd. The Tribunal and the Patna High C…
KARNATAKA POWER TRANSMISSION CORPORATION LTD. AND ANR.versusTHE AMALGAMATED ELEC. CO. LTD. AND ORS.
2000 INSC 60315 December 2000Dismissed
In 1971 a labour dispute arose at Amalgamated Electricity Co. Ltd., where some workers abstained from work and were denied re‑employment when the company resumed operations. After the Karnataka Electricity Undertaking (Acquisition) Act, 1974, the Karnataka Electricity Board (the appellant) took over the company's asset…
BHAGWATI PRASAD AND ORS.versusDELHI STATE MINERAL DEVELOPMENT CORPORATION
1989 INSC 38815 December 1989Case Allowed
The petitioners, daily‑rated workers of the Delhi State Mineral Development Corporation appointed between 1983 and 1986, filed writ petitions under Article 32 seeking regularisation, equal pay with regular employees, and promotion. The Industrial Tribunal, after hearing both sides, held that the petitioners performed t…
SHRI YOVAN, INDIA CEMENTS EMPLOYEES UNION AND ANR.versusTHE MANAGEMENT OF INDIA CEMENTS LTD. AND ORS.
1993 INSC 33815 October 1993Appeal(s) allowed
The Shri Yovan, India Cements Employees Union challenged the termination of about 300 contract workers employed through contractors of India Cements Ltd., arguing that they should be made permanent employees. After conciliation failed, the Tamil Nadu Government issued a notification under Section 10(1)(c) of the Indust…
M/S. DELHI INTERNATIONAL AIRPORT PVT. LTD.versusUNION OF INDIA & ORS.
2011 INSC 68615 September 2011Disposed off
The case concerned 136 contract workers who had been employed as trolley retrievers at Delhi airports and sought regularisation after the Central Government’s 2004 notification under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRAA) prohibited such contract labour in the Airports Authority of India (AAI)…
THE MANAGING DIRECTOR, NORTHEAST K.R.T.C.versusDEVIDAS MANIKRAO SADANANDA
2006 INSC 62315 September 2006Appeal(s) allowed
A driver employed by the Northeast Karnataka Road Transport Corporation collided his bus with the rear of another corporation bus while overtaking, causing the latter to strike a tree, injuring 56 passengers and killing four. The corporation’s disciplinary authority dismissed the driver, but the Labour Court set aside …
STATE BANK'S STAFF UNION (MADRAS CIRCLE)versusUNION OF INDIA AND ORS.
2005 INSC 41915 September 2005Dismissed
The Central Government Industrial Tribunal awarded a customary bonus to State Bank of India employees, which the bank’s management challenged. While the award was pending, Parliament enacted the Banking Laws (Amendment) Act, 1984, inserting provisions in the State Bank Act and related statutes that prohibited any bonus…
HINDUSTAN LEVER LTD.versusASHOK VISHNU KATE AND ORS.
1995 INSC 57515 September 1995Dismissed
The predecessor of Hindustan Lever Ltd. served chargesheets on nine workmen who then filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, alleging that the employer was engaging in unfair labour practices by initiating disciplinary proceedings that could lead…
P.K. SINGH AND OTHERSversusPRESIDING OFFICER & OTHERS
1988 INSC 17615 July 1988Dismissed
Sixteen workmen employed as 'C' Grade Fitters in a Central Government undertaking filed applications under section 33-C(2) of the Industrial Disputes Act, 1947, seeking computation of wages at the rate of 'B' Grade Fitters because they performed the same duties. The Central Government Industrial Tribunal‑cum‑Labour Cou…
DISHERGARH POWER SUPPLY COMPANY LTD., CALCUTTA & ANR.versusWORKMEN OF DISHERGARH SUPPLY CO. LTD. & ORS.
1986 INSC 13415 July 1986Appeal(s) allowed
Two power supply companies and their workmen disputed the bonus payable for the year 1971-72. The workmen claimed a customary bonus of three months' basic wages as on 31 March 1972, while the companies argued for only the statutory minimum bonus under the Payment of Bonus Act, 1965. The parties entered into a settlemen…
MANAGEMENT, PANDIYAN ROADWAYS CORP. LID.versusN. BALAKRISHNAN
2007 INSC 59115 May 2007Dismissed
The appellant, Management, Pandiya Roadways Corp. Ltd., dismissed its class‑IV employee N. Balakrishnan for alleged theft after a disciplinary enquiry found him guilty. The Labour Court refused to approve the dismissal under Section 33(2)(b) of the Industrial Disputes Act because the employer had not complied with Clau…
WORKMEN OF MEENAKSHI MILLS LTD. ETC. ETC.versusMEENAKSHI MILLS LTD. AND ANR. ETC. ETC.
1992 INSC 16415 May 1992
The Supreme Court examined the constitutionality of Section 25‑N of the Industrial Disputes Act, 1947, which requires prior governmental permission before an employer can retrench workmen in large establishments. The Court held that the right to retrench is an integral part of the employer’s Article 19(1)(g) right to c…
PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY & ANR.versusKARAMJIT SINGH
2019 INSC 52915 April 2019Appeal(s) allowed
The respondent, Karamjit Singh, was initially appointed as a daily‑wage chowkidar and later regularized through an Office Order that allegedly interpolated his name into the final list of employees, despite not having the requisite three years of continuous service. The Punjab Urban Planning and Development Authority (…
STATE OF UTTARANCHALversusALOK SHARMA & ORS.
2009 INSC 50215 April 2009Appeal(s) allowed
The Supreme Court examined whether circular letters issued by the Uttar Pradesh Government in 1995 and 1996 could be treated as the "notified orders" required under the Uttar Pradesh Absorption of Retrenched Employees of Government of Public Corporations in Government Services Rules, 1991, which mandated a cut‑off date…
S. GOVINDARAJUversusK.S.R.T.C. & ANR.
1986 INSC 7615 April 1986Appeal(s) allowed
The appellant, selected as a conductor for the Karnataka State Road Transport Corporation, was appointed to a temporary vacancy and worked for more than 240 days. He was terminated under Regulation 10(5) of the Karnataka Road Transport Corporation (Cadre & Recruitment) Regulations 1982 on the ground of being unsuitable…
STATE OF PUNJAB AND ORS.versusDES SANDHU
2007 INSC 29915 March 2007Disposed off
Des Bandhu was appointed as a surveyor on 15 February 1988 and was terminated on 26 March 1989 without notice. He filed a civil suit for a declaration of continuance, which was dismissed, and his appeal was also dismissed in 1997. Subsequently, a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 was…
U.P. STATE ROAD TRANSPORT CORPORATIONversusSUBHASH CHANDRA SHARMA AND ORS.
2000 INSC 14515 March 2000Appeal(s) allowed
The U.P. State Road Transport Corporation removed driver Subhash Chandra Sharma from service for a serious misconduct involving intimidation of an assistant cashier while intoxicated. The Labour Court, after finding the departmental inquiry valid, substituted the removal with a lesser penalty of one wage‑increment stop…
BHARAT ELECTRONICS LIMITED, BANGALOREversusINDUSTRIAL TRIBUNAL, KARNATAKA, BANGALORE AND ANR.
1990 INSC 8615 March 1990Appeal(s) allowed
Bharat Electronics Ltd dismissed a bus driver, B. Sridhar, for misconduct and sought approval of the dismissal under section 33(2)(b) of the Industrial Disputes Act, paying him Rs.607.90 as one month's wages. The workman objected, later adding that the amount was short by Rs.12, the night‑shift allowance he claimed he …
JITENDRA SINGH RATHORversusSHRI BAIDYANATH AYURVED BHAWAN LTD. & ANR.
1984 INSC 6115 March 1984Appeal(s) allowed
Jitendra Singh Rathor, a librarian, was terminated for misconduct and filed a complaint before the Industrial Tribunal under Section 33A of the Industrial Disputes Act, 1947. The Tribunal held that although misconduct was proved, termination was unwarranted and ordered reinstatement with half of the back wages. The emp…
KURUKSHETRA UNIVERSITYversusPRITHVI SINGH
2018 INSC 14315 February 2018Appeal(s) allowed
The University terminated security guard Prithvi Singh, a daily‑rated employee, after a departmental enquiry found him guilty of misconduct for misbehaving with a research scholar. The Labour Court, on reference under Section 10 of the Industrial Disputes Act, held that the enquiry was illegal, treated the termination …
G.M., B.S.N.L. & ORS.versusMAHESH CHAND
2008 INSC 20315 February 2008Case Allowed
Mahesh Chand, a workman, claimed that his termination in 1998 was illegal because he had continuously worked for more than 240 days in each calendar year from 1987 to 1998, invoking Section 25‑F of the Industrial Disputes Act, 1947. The employer, G.M., B.S.N.L. & Ors., contended that Chand was engaged on a purely tempo…