Created by Fuzzy Cloud

Industrial Disputes Act, 1947

986 judgments · newest first · showing 401–600

ASHOK KUMAR SHARMAversusOBEROI FLIGHT SERVICES

2009 INSC 1216Case Partly allowed

Ashok Kumar Sharma, a loader employed by Oberoi Flight Services since 1980, was dismissed in 1986 after being caught with 30 soup spoons in his shoe and allegedly admitting guilt. The dismissal was effected without any enquiry, charge‑sheet or show‑cause notice. The Labour Court held the dismissal …

REGIONAL MANAGER, BANK OF BARODAversusANITA NANDRAJOG

2009 INSC 1096Appeal(s) allowed

Anita Nandrajog, an accounts clerk of Bank of Baroda, was absent without leave for more than 150 consecutive days on multiple occasions. The bank invoked Clause 17(b) of the Fifth Bipartite Settlement (dated 10‑April‑1989) and issued a notice on 26‑June‑1989 requiring her to report within 30 days, …

METROPOLITAN TRANSPORT CORPORATIONversusV. VENKATESAN

2009 INSC 1032Case Partly allowed

The Supreme Court examined whether V. Venkatesan, a former employee of Metropolitan Transport Corporation who was terminated in 1996 and later reinstated in 2004, was entitled to full back wages under Section 33C(2) of the Industrial Disputes Act despite having been enrolled and practicing as an …

STATE OF PUNJAB & ANR.versusSURJIT SINGH & ORS.

2009 INSC 1010Disposed off

The Supreme Court examined whether daily‑wage employees appointed without following recruitment rules were entitled to "equal pay for equal work" with regular staff. It held that the doctrine, rooted in Article 39(d) and Article 14 of the Constitution, can be invoked only when the claimants perform …

GUJARAT AGRICULTURAL UNIVERSITYversusALL GUJARAT KAMDAR KARMACHARI UNION

2009 INSC 994Case 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 …

BIECCO LAWRIE LTD. & ANR.versusSTATE OF WEST BENGAL & ANR.

2009 INSC 957Appeal(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, …

HARYANA STATE CO-OPERATIVE SUPPLY MARKETING FEDERATION LIMITEDversusSANJAY

2009 INSC 940Appeal(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 …

JAGBIR SINGHversusHARYANA STATE AGRICULTURE MARKETING BOARD & ANR.

2009 INSC 906Case Partly allowed

Jagbir Singh was engaged as a daily wager by the Haryana State Agriculture Marketing Board from 1 September 1995 until his termination on 18 July 1996. He alleged that the termination violated Section 25F of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour Court …

DIVISIONAL MANAGER, RAJASTHAN S.R.T.C.versusKAMRUDDIN

2009 INSC 793Appeal(s) allowed

Kamruddin, a bus conductor employed on probation by the Rajasthan State Road Transport Corporation, was caught five times for not issuing tickets to passengers. After a warning, a disciplinary enquiry was held, found him guilty, and terminated his services. The Labour Court, invoking Section 11A of …

THE CHIEF SOIL CONSERVATOR PUNJAB AND ORS.versusGURMAIL SINGH

2009 INSC 777Disposed off

The workman Gurmail Singh was employed intermittently as a bulldozer operator on 89‑day contracts from November 1990 until his termination on 15 July 1996. He claimed that his dismissal without notice, enquiry or compensation amounted to retrenchment under the Industrial Disputes Act, 1947 and …

APOLLO TYRES LTD.versusC.P. SABASTIAN

2009 INSC 651Appeal(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 …

KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI

2009 INSC 629Appeal(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 …

BANGALORE METROPOLITAN TRANSPORT CORPN.versusT.V. ANANDAPPA

2009 INSC 545Case 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 …

STATE OF UTTARANCHALversusALOK SHARMA & ORS.

2009 INSC 502Appeal(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 …

SARVA SHRAMIK SANGHversusINDIAN OIL CORPORATION LTD. & ORS.

2009 INSC 486Appeal(s) allowed

The Sarva Shramik Sangh, representing canteen workers employed by a contractor of Indian Oil Corporation (IOC), first filed a writ petition seeking abolition of the contract labour system under the Contract Labour (Regulation and Abolition) Act, 1970, which was dismissed for want of prosecution. It …

STATE OF ORISSA & ANR.versusBILASH CHANDRA OJHA

2009 INSC 419Appeal(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 …

HONGKONG & SHANGHAI BANKING CORP. LTD.versusGOVERNMENT OF INDIA & ANR.

2009 INSC 365Disposed 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 …

M/S P.V.K. DISTILLERY LTD.versusMAHENDRA RAM

2009 INSC 289Case Partly allowed

Mahendra Ram was hired by P.V.K. Distillery Ltd. in 1981, became a permanent workman in 1982, and was terminated orally in 1985. He approached the Labour Court, which held that his termination was illegal, ordered his reinstatement with full back wages, and the High Court affirmed that award. The …

V.V.G. REDDYversusAPSRTC, NIZAMABAD REGION & ANR.

2009 INSC 25Dismissed

V.V.G. Reddy, a bus conductor employed by the Andhra Pradesh State Road Transport Corporation, was dismissed following disciplinary proceedings. The Labour Court, on a consent award, ordered his reinstatement with continuity of service but expressly denied back wages and attendant benefits. Reddy …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION --I & ANR.versusBAL MUKUND BAIRWA

2009 INSC 14Reference answered

The Rajasthan State Road Transport Corporation (a State corporation) terminated several employees and the employees filed civil suits alleging violation of natural‑justice principles and statutory regulations. The Supreme Court was asked to resolve a conflict between earlier judgments on whether …

BANK OF BARODA & ORS.versusGANPAT SINGH DEORA

2008 INSC 1478Appeal(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 …

THE DEPOT MANAGER A.P.S.R.T.C.versusP. JAYARAM REDDY

2008 INSC 1480Appeal(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 …

M.D. BALASAHEB DESAI SAHAKARI S.K. LTD.versusKASHINATH GANAPATI KAMBALE

2008 INSC 1424Case Partly allowed

The respondent, a peon employed since 1974, was dismissed in 1984 for multiple instances of misconduct including unauthorized absences, late attendance, leaving the premises without permission, and falsifying the muster roll. He sought reinstatement with continuity of service and full back wages …

STATE OF MADHYA PRADESH & ORS.versusVISAN KUMAR SHIV CHARAN LAL

2008 INSC 1403Appeal(s) allowed

The State of Madhya Pradesh filed a Letters Patent Appeal against a Division Bench order that had dismissed a writ petition under Article 227 seeking to quash a Labour Court order passed under Section 10 of the Industrial Disputes Act, 1947. The High Court held the appeal non‑maintainable, relying …

NOVARTIS INDIA LTDversusSTATE OF WEST BENGAL AND ORS

2008 INSC 1383Dismissed

Novartis India Ltd. transferred three senior sales representatives to distant locations; they refused to report, filed representations and civil suits, and were terminated without a domestic inquiry. The workmen raised an industrial dispute; the Industrial Tribunal held the termination illegal, …

RADHAKRISHNA MANI TRIPATHIversusL. H. PATEL & ANR.

2008 INSC 1332Dismissed

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 …

M/S. LAXMI RATTAN COTTON MILLS LTD.versusSTATE OF U.P. & ORS .

2008 INSC 1318Appeal(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 …

STEEL AUTHORITY OF INDIAversusMADHUSUDAN DAS & ORS.

2008 INSC 1186Appeal(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 …

DIV. MANAGER, NEW INDIA ASSURANCE CO. LTD.versusA. SANKARALINGAM

2008 INSC 1122Dismissed

The respondent was appointed as a sweeper‑cum‑water carrier on a monthly wage in 1986 and worked daily until about 5 p.m., effectively on a full‑time basis despite being described as part‑time. His services were terminated in March 1989 and he sought regularisation and protection under the …

TALWARA COOP. CREDIT & SERVICE S0CIETY LTD.versusSUSHIL KUMAR

2008 INSC 1116Appeal(s) allowed

Talwara Cooperative Credit & Service Society Ltd terminated clerk Sushil Kumar after two short spells of employment (1987-1990 and 1995-1997) citing financial losses. The Labour Court awarded reinstatement with full back wages, which the High Court upheld. The Society appealed to the Supreme Court, …

STEEL AUTHORITY OF INDIA LTD. AND ANR.versusSTATE OF WEST BENGAL AND ORS.

2008 INSC 1091Appeal(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 …

K. ALEXversusDELHI STATE MINERAL DEV. CORPN.

2008 INSC 1082Appeal(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 …

DISTRICT PROGRAMME CO-OORDINATOR, MAHILA SAMKHYA AND ANR.versusABDUL KAREEM AND ANR.

2008 INSC 1058Appeal(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 …

NORTH WEST KARNATAKA ROAD TRANSPORT CORPN.versusH.H. PUJAR

2008 INSC 844Case 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 …

RAJASTHAN LALIT KALA ACADEMYversusRADHEY SHYAM

2008 INSC 810Case Partly allowed

The respondent, Radhey Shyam, was employed as a junior clerk by Rajasthan Lalit Kala Academy and was terminated in 1981 without complying with the notice and compensation requirements of Section 25‑F of the Industrial Disputes Act. He raised an industrial dispute; the Labour Court ordered his …

STATE OF HARYANAversusRAMESH KUMAR

2008 INSC 815Disposed off

The respondent, a workman in the Public Works Department, was terminated on 31 March 1993. The Labour Court held the termination illegal, finding that he had completed the requisite 240 days of service in the preceding year. The State of Haryana appealed, and the Punjab and Haryana High Court …

STATE OF KERA LAversusB.RENJITH KUMAR & ORS.

2008 INSC 743Dismissed

The respondents, who were Presiding Officers of Kerala's Industrial Tribunals, had historically received pay scales equal to District Judges. After the 1998 Shetty Commission revised the pay of District Judges, the state granted the revised scales only to District Judges and not to the Tribunal …

M/S CABLE CORPORATION OF INDIA LTD.versusADDITIONAL COMMISSIONER OF LABOUR AND ORS.

2008 INSC 702Appeal(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 …

G.M. ONGC, SHILCHARversusONGC CONTRACTUAL WORKERS UNION

2008 INSC 706Dismissed

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 …

D.KRISHNAN & ANR.versusSPECIAL OFFICER, VELLORE CO-OPERATIVE SUGAR MILL & ANR.

2008 INSC 707Dismissed

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 …

FOOD CORPORATION OF INDIA & ANR.versusPALA RAM & ORS.

2008 INSC 721Disposed 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 …

THE TELEPHONE DISTRICT MANAGER & ORS.versusKESHAB DEB

2008 INSC 592Disposed off

Keshab Deb was appointed as a casual daily‑wage driver in the Directorate of Telecommunications, Dimapur, and was terminated allegedly for misconduct after a brief imprisonment. He filed a writ petition alleging violation of Section 25‑F of the Industrial Disputes Act, 1947 and seeking …

A. SATYANARAYANA REDDY AND ORS.versusTHE PRESIDING OFFICER, LABOUR COURT, GUNTUR & ORS.

2008 INSC 539Matter 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 …

USHA BRECO MAZDOOR SANGHversusMANAGEMENT OF M/S. USHA BRECO LTD. AND ANR.

2008 INSC 544Dismissed

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 …

CORRESPONDENT, ST. MICHAEL'S T.T.IversusV.N. KARPAGA MARY & ORS.

2008 INSC 520Case 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 …

RAJASTHAN SRTC & ORSversusMOHAR SINGH

2008 INSC 522Dismissed

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 …

MINISTRY OF TEXTILEversusMURARI LAL GUPTA & ANR.

2008 INSC 462Case Partly allowed

Murari Lal Gupta, appointed as a chowkidar in 1982, sought regularisation but was denied on age grounds and later stopped working. He filed claims for salary differences and overtime, and after failed conciliation, a writ petition led to a reference to the Industrial Tribunal, which awarded …

MANAGEMENT, ESSORPE MILLS LTD.versusPRESIDING OFFICER, LABOUR COURT AND ORS.

2008 INSC 453Appeal(s) allowed

The Tamil Nadu Panchalai Workers' Union served a strike notice on 14 March 1991 stating that a strike would commence on or after 24 March 1991, giving only ten days' notice. The Supreme Court held that the notice did not satisfy the six‑week advance notice required under Section 22(1) of the …

MANAGEMENT OF AUROFOOD PVT. LTD.versusS. RAJULU

2008 INSC 451Dismissed

The respondent, S. Rajulu, was employed as a packer by Aurofood Pvt. Ltd. and was suspended in 1981 for alleged misconduct, including insolent and filthy language towards superiors and a lady supervisor. A domestic enquiry found him guilty on two charges and the employer dismissed him after an …

MAVJI C LAKUMversusCENTRAL BANK OF INDIA

2008 INSC 442Appeal(s) allowed

Mavji C. Lakum, a long‑serving peon of Central Bank of India, was repeatedly disciplined and eventually discharged for alleged misconduct. The Industrial Tribunal, exercising its power under Section 11‑A of the Industrial Disputes Act, held that the departmental inquiry was fair but the punishment …

DIRECTOR, HORTICULTURE PUNJAB & ORS.versusJAGJIVAN PARSHAD

2008 INSC 422Appeal(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 …

STATE OF HIMACHAL PRADESH AND ANR.versusRAVINDER SINGH

2008 INSC 419Case 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. …

CEMENT WORKERS KARAMCHARI SANGHversusM/S. JAIPUR UDYOG LIMITED AND ORS.

2008 INSC 390Disposed 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 …

HINDALCO INDUSTRIES LTD.versusASSOCIATION OF ENGINEERING WORKERS

2008 INSC 369Dismissed

The Association of Engineering Workers filed a complaint under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, alleging that Hindalco Industries treated its canteen staff as contract workers to avoid granting permanency and …

LIC OF INDIAversusR. SURESH

2008 INSC 378Dismissed

R. Suresh, a Development Officer of the Life Insurance Corporation of India (LIC), was dismissed after a departmental enquiry found him guilty of negligence, though he was cleared of breach of trust and forgery. He raised an industrial dispute before an Industrial Tribunal under s.11A of the …

STATE OF UTTARANCHAL & ANR.versusSUNIL KUMAR SINGH NEGI

2008 INSC 347Disposed off

Sunil Kumar Singh Negi, a daily‑wage worker of the Uttarakhand Horticulture Department, was ordered by the Labour Court in 2001 to be reinstated and to receive back wages of Rs 6,000. The Department sent a letter asking him to join work at the Fruit Preservation Centre, Pauri, but he did not report …

H.P: STATE ELECTRICITY BOARD AND ANR.versusRANJEET SINGH AND ORS.

2008 INSC 309Case Allowed

The appellant, H.P. State Electricity Board, appealed against the Labour Court and Himachal Pradesh High Court decisions that had granted daily‑wage workers (respondents) a minimum bonus under the Payment of Bonus Act, 1965. The respondents had filed applications under Section 33‑C(2) of the …

G.M. HARYANA ROADWAYSversusJAI BHAGWAN AND ANR.

2008 INSC 312Dismissed

The State, G.M. Haryana Roadways, terminated a casual driver, Jai Bhagwan, whose reinstatement was ordered by the Labour Court. The State reinstated him on 10 May 2002 and later regularized his service on 21 June 2004, but failed to disclose these material facts in a writ petition before the High …

SITA RAM & ORSversusMOTI LAL NEHRU FARMERS TRAINING INSTITUTE

2008 INSC 316Case Partly allowed

The Motilal Nehru Farmers Training Institute employed daily wagers for various project works such as bee‑farming. Their services were terminated on 28‑December‑1996 and they claimed they had worked for more than 240 days, invoking Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947. The …

K.L.E. SOCEITY AND ORS.versusSIDDALINGESH

2008 INSC 287Case Allowed

The respondent, a former peon of K.L.E. Society, filed a private complaint alleging offences under IPC ss.403, 405 and 415 r/w s.34, claiming that salary deductions were made without justification. The Judicial Magistrate took cognizance and issued process, prompting the society to move the …

PEPSU ROAD TRANSPORT CORP.versusRAWEL SINGH

2008 INSC 276Case 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 …

NEW INDIA ASSURANCE CO. LTD.versusVIPIN BEHARI LAL SRIVASTAVA

2008 INSC 234Case 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. …

SAT PAL PURIversusPUNJAB STATE ELECTRICITY BOARD & ORS.

2008 INSC 237Disposed 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 …

G.M., B.S.N.L. & ORS.versusMAHESH CHAND

2008 INSC 203Case 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 …

CHIEF ENGINEER, HYDEL PROJECT & ORS.versusRAVINDER NATH & ORS.

2008 INSC 92Case 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 …

WORKMEN OF BALMADIES ESTATESversusMANAGEMENT BALMADIES ESTATE AND ORS.

2008 INSC 68Dismissed

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 …

MIS. BLHAR CAUSTIC & CHEMICALS LTD.versusKRIPA PANDEY

2008 INSC 71Case 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 …

HINDUSTAN PETROLEUM CORPN. LTD.versusASHOK RANGHBA AMBRE

2008 INSC 52Case Allowed

Hindustan Petroleum Corporation Ltd. (the appellant) had engaged Ashok Ranghba Ambre on a casual basis as a compounder/dresser from 1984. Ambre filed a writ petition in 1992 seeking to be declared a permanent employee with retrospective benefits. The corporation stopped employing him in 1996, …

C.V. SATHEESHCHANDRANversusGENERAL MANAGER, UCO BANK AND ORS .

2008 INSC 41Case Partly allowed

The appellant, a clerk promoted to Assistant Manager in UCO Bank, sought reversion to his clerical post after more than a year on probation. The bank granted reversion on conditions that he permanently lose any chance of promotion and be denied stagnation increments. The appellant challenged these …

M/S. HONDARAM RAMCHANDRAversusYESHWANT MAHADEV KADAM (DEAD) THROUGH LRS.

2007 INSC 1281Disposed off

The appellant, Mis. Hondaram Ramchandra, operated a sales office which was closed. The workmen were transferred to a separate factory, refused to join, and were terminated after an ex parte domestic enquiry. The Labour Court upheld the termination, but the High Court set aside the award and ordered …

STATE OF RAJASTHANversusGANESHI LAL

2007 INSC 1253Case Partly allowed

Ganeshilal, a temporary peon in the Law Department of the Rajasthan State Government, was terminated and claimed the dismissal violated Section 25‑G of the Industrial Disputes Act, 1947. The State contended that the Law Department was not an "industry" within the meaning of Section 2(s) of the Act, …

HARYANA LAND RECLAMATION AND DEVELOPMENT CORPORATION LTD.versusNIRMAL KUMAR

2007 INSC 1251Disposed off

The employer, Haryana Land Reclamation and Development Corporation Ltd., retrenched Nirmal Kumar, a watchman‑cum‑peon, in 1991. The workman filed a claim petition alleging illegal retrenchment, and the Labour Court held that the dismissal violated Rule 77 of the Rajasthan Industrial Disputes Rules, …

UNITED BANK OF INDIAversusTAMIL NADU BANKS DEPOSIT COLLECTORS UNION AND ANR.

2007 INSC 1230Appeal(s) allowed

United Bank of India terminated two commission agents (tiny deposit collectors) in 1984. The Union raised the terminations as industrial disputes, which were referred to the Tamil Nadu Industrial Tribunal. The Tribunal allowed the bank to lead evidence to justify the dismissals and ruled in its …

M/S. L&T KOMATSU LID.versusN. UDAYAKUMAR

2007 INSC 1217Appeal(s) allowed

The respondent, a workman employed by L&T Komatsu Ltd., was dismissed after being found guilty of unauthorized absence for 105 days, with a history of 15 prior instances of absenteeism. The Labour Court set aside the dismissal, ordering reinstatement with continuity of service and a penalty of four …

SARVA SHRAMIK SANGHATANA (K.V.) MUMBAIversusSTATE OF MAHARASHTRA AND OTHERS

2007 INSC 1199

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 …

UTTARANCHAL FOREST HOSPITAL TRUSTversusDINESH KUMAR

2007 INSC 1189Appeal(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 …

RANIP NAGAR PALIKAversusBABUJI GABHAJI THAKORE AND ORS.

2007 INSC 1179Appeal(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 …

VIJAY KUMAR AND ORS.versusWHIRLPOOL OF INDIA LTD. AND ORS.

2007 INSC 1173Dismissed

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 …

THE REGIONAL MANAGER, APSRTCversusN. SATYANARAYANA AND ORS.

2007 INSC 1133Appeal(s) allowed

The respondents were appointed as conductors on a daily‑wage basis and were later regularized on 1 August 1987. In 1999 they filed a writ petition under Article 226 seeking regularization retroactive to their initial appointment date, without explaining the long delay. The High Court allowed the …

KARAN SINGHversusM/S EXECUTIVE ENGINEER HARYANA STATE MARKETING BOARD

2007 INSC 988Appeal(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 …

U.B. GADHE AND ORS. ETC. ETCversusG.M. GUJARAT AMBUJA CEMENT PVT. LTD.

2007 INSC 991Disposed 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 …

GANGA KISAN SAHKARI CHINI MILLS LTD.versusJAIVIR SINGH

2007 INSC 967Appeal(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 …

MOHAN MAHTOversusM/S. CENTRAL COAL FIELD LTD. & ORS.

2007 INSC 943Appeal(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 …

BRIJBHUSHAN YADAV AND ORS.versusUNION OF INDIA AND ANR.

2007 INSC 915Disposed off

Workmen were initially engaged as security guards through an agency on 1 Oct 1996. After the agency contract expired on 1 Oct 1997, they continued to work for the Telecom Department until 31 May 1999. Claiming that they had rendered continuous service of more than 240 days, they sought reinstatement …

UNION OF INDIAversusSHREE SHANKAR TEXTILES EX-EMPLOYEES UNION AND ORS.

2007 INSC 926Appeal(s) allowed

The Shree Shankar Textiles Ex‑Employees Union sought benefits under the Textile Workers Rehabilitation Fund Scheme (TWRFS) 1991, contending that the scheme’s requirement that a mill be closed under Section 25‑O of the Industrial Disputes Act, 1947 (or have an official liquidator appointed) violated …

UNITED BANK OF INDIAversusSIDHARTHA CHAKRABORTY

2007 INSC 872Disposed 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 …

STATE OF MAHARASHTRAversusDATIATRAYA DIGAMBER BIRAJDAR

2007 INSC 873Appeal(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 …

CANTEEN MAZDOOR SABHAversusMETALLURGICAL ENGG. CONSULTANTS (I) LTD. & ORS.

2007 INSC 852Dismissed

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) …

DISTRICT RED CROSS SOCIETYversusBABITA ARORA AND ORS.

2007 INSC 831Appeal(s) allowed

The District Red Cross Society closed its Maternity Hospital due to financial constraints, terminating the services of staff nurses including Babita Arora, while other units such as a Drug De‑Addiction Centre, Family Planning Centre and Viklang Kendra continued to operate. The employees claimed …

BANK OF INDIA AND ANR .versusTARUN KR. BISWAN AND ORS.

2007 INSC 793Appeal(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 …

MICROWAVE PROJECT, KOTA AND ANR.versusRAMESH CHAND

2007 INSC 763Appeal(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 …

MR.C.GUPTAversusGLAXOSMITHKLIN PHARMACEUTICAL LIMITED

2007 INSC 666Dismissed

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 …

AJNALA COOP. SUGAR MILLS LTD.versusSUKHRAJ SINGH

2007 INSC 663Disposed 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 …

GARRISON ENGINEER (UTILITY) BHATINDAversusSHRI NARINDER SINGH

2007 INSC 658Disposed 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 …

MANAGEMENT, PANDIYAN ROADWAYS CORP. LID.versusN. BALAKRISHNAN

2007 INSC 591Dismissed

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 …

POST MASTER GENERAL, KOLKA TA AND ORS.versusTUTU DAS (DUTTA)

2007 INSC 509Appeal(s) allowed

The respondent, a daily‑wage substitute to a regular EDA, claimed she had completed 240 days of service before 7 May 1985 and sought regularisation under a 13 Nov 1987 circular that allowed such substitutes to be appointed as EDAs in vacant posts. The Central Administrative Tribunal directed that if …

M/S. HAMDARD (WAKF) LABORATORIESversusDEPUTY LABOUR COMMR. AND ORS.

2007 INSC 487Appeal(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, …

HINDUSTAN AERONAUTICS LTD.versusDAN BAHADUR SINGH AND ORS.

2007 INSC 492Appeal(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 …

BIKASH BHUSHAN GHOSE AND ORS.versusM/S. NOVARATIS INDIA LIMITED AND ORS.

2007 INSC 497

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. …

PUNJAB WATER SUPPLY SEWERAGE BOARD AND ANR.versusRAM SAJIVAN AND ANR.

2007 INSC 471Appeal(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 …

DHARAPPAversusBIJAPUR CO-OP. MILK PRODUCERS SOCIETIES UNION LTD.

2007 INSC 475Dismissed

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 …

FAZIKA COOP. SUGAR MILLSversusJATINDER KUMAR GUPTA AND ANR.

2007 INSC 465Disposed 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 …

STATE OF PUNJABversusANIL KUMAR

2007 INSC 467Case 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 …

U .P. POWER CORPORATION LTD. AND ANR.versusBIJLI MAZDOOR SANGH AND ORS.

[2007] 5 S.C.R. 256Appeal(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 …

DIRECTOR, FOOD AND SUPPLIES, PUNJAB AND ANR.versusGURMIT SINGH

2007 INSC 431Appeal(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 …

HARYANA URBAN DEVELOPMENT AUTHORITYversusOM PAL

2007 INSC 401Case Partly allowed

Om Pal was engaged as a daily‑wage worker by the Haryana Urban Development Authority, first in Sub‑division No.2 for 145 days (Oct 1994‑Feb 1995) and then in Sub‑division No.3 for 90 days (Mar‑Jul 1995). After his services were terminated he raised an industrial dispute. The Industrial …

MADHYA PRADESH ADMINISTRATIONversusTRIBHUBAN

2007 INSC 382Case Partly allowed

The Madhya Pradesh Administration terminated the services of Tribhuban, who had been employed on a temporary basis with intermittent breaks, prompting an industrial dispute that was adjudicated by an Industrial Tribunal. The Tribunal awarded retrenchment compensation, notice pay and interest, …

THE DEPOT MANAGER, APSRTCversusB. SWAMY

2007 INSC 369Appeal(s) allowed

The respondent, a bus conductor for APSRTC, was caught on 23 May 2000 issuing tickets of 0.50 paise instead of the correct fare of Rs 4 to sixteen illiterate female passengers, thereby pocketing an extra Rs 52. The management dismissed him, and the Labour Court upheld the dismissal as justified …

BHARAT CO-OPERATIVE BANK (MUMBAI) LTD.versusCO-OPERATIVE BANK EMPLOYEES UNION

2007 INSC 331Dismissed

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 …

STATE OF PUNJAB AND ORS.versusDES SANDHU

2007 INSC 299Disposed 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 …

NEW DELHI MUNICIPAL COUNCILversusPAN SINGH AND ORS.

2007 INSC 260Appeal(s) allowed

The New Delhi Municipal Council (NDMC) had 17 senior Shift‑In‑Charge employees who voluntarily became Meter Readers and were given a higher pay scale as an ad‑hoc, personal measure. An industrial dispute was later raised by other Meter Readers, and the Industrial Tribunal awarded pay parity to those …

SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.

2007 INSC 232Disposed 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 …

DIVISIONAL CONTROLLER, G.S.R.T.C.versusKADARBHAI J. SUTHAR

2007 INSC 135Appeal(s) allowed

The respondent, a driver for the Gujarat State Road Transport Corporation, caused a fatal accident; he was acquitted in the criminal trial but the corporation dismissed him after departmental proceedings found him guilty of misconduct. The Labour Court reinstated him without back wages, citing the …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusSUDESH KUMAR PURI

2007 INSC 123Appeal(s) allowed

The Punjab State Electricity Board (PSEB) engaged several individuals as private meter readers on a contract basis, paying them a fixed rate of Re.1 per meter reading. After the contract periods expired and regular meter readers were appointed, the engagements were terminated. The respondents …

GURU JAMBHESHWAR UNIVERSITY, HISARversusDHARAM PAL

2007 INSC 62Appeal(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 …

LAL MOHAMMAD AND ORS.versusINDIAN RAILWAY CONSTRUCTION CO. LTD. & ORS.

2007 INSC 30Dismissed

The petitioners were workmen appointed on an ad‑hoc basis for the Anpara‑Rihand Nagar railway construction project of Indian Railway Construction Co. Ltd. (IRCON). After the project was completed in early 1998, they were served with retrenchment notices and offered compensation under Section 25‑F of …

MORGAN SECURITIES AND CREDIT PVT.LTDversusMODI RUBBER LTD.

2006 INSC 1006Dismissed

Morgan Securities advanced an inter‑corporate deposit to Modi Rubber, which defaulted, leading to an arbitral award in favour of Morgan and a winding‑up petition. The High Court restrained Modi Rubber from dealing with its assets, but the company made a reference to the Board for Industrial and …

MUNICIPAL CORPORATION, JABALPURversusOM PRAKASH DUBEY

2006 INSC 959Appeal(s) allowed

The Municipal Corporation of Jabalpur appointed a large number of daily‑wage workers without following the recruitment rules prescribed under the Madhya Pradesh Municipal Corporation Act. Several labour disputes arose and the High Court, exercising contempt jurisdiction, directed the corporation to …

MUIR MILLS UNIT OF N.T.C. (U.P) LTD.versusSWAYAM PRAKASH SRIVASTAVA AND ANR.

2006 INSC 938Appeal(s) allowed

Muir Mills Unit of N.T.C. (U.P.) Ltd. appointed Swayam Prakash Srivastava as a Legal Assistant on a one‑year probation. After the probation period the mill terminated his services for unsatisfactory performance. Srivastava raised an industrial dispute; the Labour Court held he was a workman and …

STATE OF HARYANA AND ORS.versusDEVI DUTT AND ORS.

2006 INSC 903Appeal(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 …

STATE OF M.P. AND ORS.versusLAUT KUMAR VERMA

2006 INSC 910Dismissed

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 …

OIL & NATURAL GAS CORPN. LTD.versusENGINEERING MAZDOOR SANGH

2006 INSC 867Disposed 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 …

M.D., KARNATAKA HANDLOOM DEV. CORPN. LTD.versusSRI MAHADEVA LAXMAN RAVAL

2006 INSC 858Appeal(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 …

BHOGPUR CO-OP SUGAR MILLS LTD.versusHARMESH KUMAR

2006 INSC 818Appeal(s) allowed

Bhogpur Co‑op Sugar Mills Ltd, a seasonal sugar mill, hired Harmesh Kumar as a daily‑wage seasonal worker and later terminated his services at the end of the season. Kumar raised an industrial dispute under the Industrial Disputes Act, 1947, and the State referred the matter to the Labour Court …

NATIONAL SMALL INDUSTRIES CORPN. LTD.versusV. LAKSHMINARAYANAN

2006 INSC 823Appeal(s) allowed

The respondent, V. Lakshminarayanan, joined National Small Industries Corp. Ltd. as a casual labourer in 1987 and was later appointed as an apprentice trainee (shop assistant) on 26 April 1990 for a two‑year training period. He was removed from service on 1 May 1992. The Labour Court held he was a …

GANGADHAR PILLAIversusM/S. SIEMENS LTD.

2006 INSC 830Dismissed

Gangadhar Pillai was engaged by Siemens Ltd. on a series of temporary contracts for project work from 1978 to 2000, each appointment ending when the specific project was completed. She claimed that the employer’s practice of repeatedly hiring her as a temporary worker for over two decades amounted …

U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusSHIVAJI

2006 INSC 835Disposed off

The driver Shivaji was removed from service after a domestic inquiry that alleged he intentionally drove into a privately installed barrier, injuring a passenger. The Labour Court held the inquiry invalid but later found him guilty of serious misconduct and ordered termination. The High Court, …

M/S. TATA ENGINEERING AND LOCOMOTIVE COMPANY LIMITEDversusN.K. SINGH

2006 INSC 809Appeal(s) allowed

The respondent, N.K. Singh, an Assistant Store Keeper, was found to have occupied company quarters without permission and assaulted the Town Warden during the execution of an eviction decree, leading to an FIR under IPC sections 311, 307 and 34. A domestic inquiry under the company's standing orders …

DEPOT MANAGER, A.P.S.R.T.C.versusREGHUDA SIVA SANKAR PRASAD

2006 INSC 799Appeal(s) allowed

The respondent, a long‑serving employee of the Andhra Pradesh State Road Transport Corporation (APSRTC), was charged with four instances of theft in 1986 and admitted to the misconduct. A departmental enquiry found him guilty and the Labour Court (Industrial Tribunal) ordered his removal from …

BHARAT HEAVY ELECTRICALS LTD.versusANIL AND ORS.

2006 INSC 802Disposed off

Fourteen garden workers employed by a contractor for Bharat Heavy Electricals Ltd. (BHEL) had their services terminated by the contractor on 1 December 1988 without complying with Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. They filed an individual dispute under Section 2‑A, …

REGIONAL MANAGER, SBI.versusMAHATMA MISHRA

2006 INSC 773Appeal(s) allowed

Mahatma Mishra was appointed by the State Bank of India as a temporary messenger for a fixed period of 88 days in 1982 and was terminated thereafter. He claimed that the termination violated Section 25‑H of the Industrial Disputes Act, 1947 and sought reinstatement with full back wages. The Labour …

JAIPUR DEVELOPMENT AUTHORITYversusRAM SAHAI AND ANR .

2006 INSC 772Case 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 …

UNION OF INDIA AND ORS.versusJUMMASHA DIWAN

2006 INSC 724Appeal(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 …

STATE OF RAJASTHANversusSARJEET SINGH AND ANR.

2006 INSC 731Appeal(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 …

STATE OF HARYANAversusDILBAGH SINGH

2006 INSC 710Dismissed

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 …

PUNJAB NATIONAL BANK AND ORS.versusMANJEET SINGH AND ANR.

2006 INSC 676Appeal(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 …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSHRJ BIRENDRA BHANDARI

2006 INSC 663

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 …

STEEL AUTHORITY OF INDIA LTD.versusUNION OF INDIA AND ORS.

2006 INSC 659Appeal(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) …

RAM PRAVESH SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

2006 INSC 646Dismissed

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 …

THE MANAGING DIRECTOR, NORTHEAST K.R.T.C.versusDEVIDAS MANIKRAO SADANANDA

2006 INSC 623Appeal(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 …

STATE ROAD TRANSPORT CORPORATIONversusMAN SINGH

2006 INSC 600Case Partly allowed

Man Singh was appointed as a temporary conductor by the U.P. State Road Transport Corporation on 20 July 1974 and was terminated on 23 July 1975 for alleged misconduct. He raised an industrial dispute on 14 September 1986, more than a decade after his termination. The Labour Court held that the …

KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI

2006 INSC 549Appeal(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 …

GENERAL MANAGER, VIJAYA BANK AND ANR.versusPRAMOD KUMAR GUPTA

2006 INSC 553Case 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 …

U.P.S.R.T.C.versusMITTHU SINGH

2006 INSC 523Case 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 …

ANAND REGIONAL CO-OP. OIL SEEDSGROWERS UNION LTDversusSHAILESHKUMAR HARSHADBHAI SHAH

2006 INSC 498Case Partly allowed

The appellant, Anand Regional Co‑op Oil Seeds Growers Union Ltd., dismissed Shailesh Kumar Harshadbhai Shah, an Assistant Executive in its Quality Control Department, for alleged misconduct. Shah challenged the dismissal, contending that he was not a "workman" under Section 2(s) of the Industrial …

MUNICIPAL COUNCIL, SAMRALAversusSUKHWINDER KAUR

2006 INSC 499Disposed off

The Municipal Council of Samrala appointed Sukhwinder Kaur as a clerk on a contractual, temporary basis, expressly stating that the Executive Officer could dismiss her without notice. She was appointed and terminated three times within eighteen months. The Labour Court held that her dismissal …

DIVISIONAL CONTROLLER, N.E.K.R.T.C.versusH.AMARESH

2006 INSC 437Appeal(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 …

MANAGER (NOW REGIONAL DIRECTOR), R.B.I.versusGOPINATH SHARMA AND ANR.

2006 INSC 438Appeal(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 …

RAJASTHAN TOURISM DEVELOPMENT CORPORATION LTD. AND ANR.versusINTEJAM ALI ZAFRI

2006 INSC 429Appeal(s) allowed

The appellant, Rajasthan Tourism Development Corporation Ltd., terminated the services of the respondent, a casual house‑assistant, who claimed to have completed 240 days of continuous service. The Labour Court, relying on the respondent’s claim, awarded reinstatement and back wages under Section …

HUDAversusJAGMAL SINGH

2006 INSC 430Appeal(s) allowed

The appellant, a sweeper employer, dismissed the respondent, a daily‑wage sweeper, who after four and a half years filed a demand for reinstatement with back wages. The employer contended that the respondent had not completed the statutory 240 days of work in any year, a condition for a person to be …

M/S. AMRIT VANASPATL CO.LTD.versusKHEM CHAND AND ANR.

2006 INSC 422Disposed off

The case involved a workman (Respondent No. I) who was dismissed for threatening senior officers and inciting a strike. The Labour Court found the domestic inquiry defective but allowed the employer to adduce fresh evidence, ultimately upholding the dismissal. The High Court, exercising writ …

R.S.R.T.C. AND ORS.versusRAMDHARA INDOLIYA

2006 INSC 417Appeal(s) allowed

The respondent, Ramdhara Indoliya, was employed as a daily‑wage conductor by the Rajasthan State Road Transport Corporation (RSRTC) and was terminated. He filed a suit in a civil court seeking reinstatement, back wages and other relief. The civil court and the High Court ruled in his favour, but …

ASSISTANT ENGINEER, C.A.D. KOTAversusDHAN KUNWAR

2006 INSC 398Appeal(s) allowed

The respondent, a temporary work‑charged employee, was terminated in the early 1980s and, after an eight‑year gap, filed a claim for reinstatement and back wages under Section 10(1) of the Industrial Disputes Act, 1947. The Labour Court awarded 30% back wages and ordered reinstatement, but the High …

M/S. INDIAN DRUGS AND PHARMACEUTICALS LTD.versusDEVKI DEVI AND ORS.

2006 INSC 399Appeal(s) allowed

Mis Indian Drugs & Pharmaceuticals Ltd., a public sector undertaking, gave contract work to the widows and dependents of employees who died in harness after a union demand, without any compassionate appointment scheme. The contracts were later terminated in 1998 due to the company's severe financial …

A.P. FOODSversusS. SAMUEL AND ORS.

2006 INSC 391Case Partly allowed

A.P. Foods, a non‑profit public‑sector establishment run by the Andhra Pradesh Nutrition Council, was challenged by its employees who demanded bonus under the Payment of Bonus Act, 1965. The Labour Commissioner held the Act inapplicable, but the employer later paid ex‑gratia and subsequently stopped …

U.P STATE ROAD TRANSPORT CORPORATIONversusBABU RAM

2006 INSC 392Disposed off

The respondent, Babu Ram, was employed on a temporary basis by the U.P. State Road Transport Corporation and was terminated in 1983. After a fifteen‑year gap, the dispute was referred to the Labour Court in 1998, which held the termination illegal and ordered reinstatement with back wages. The …

CHIEF ENGINEER, RANJIT SAGAR DAM AND ANR.versusSHAM LAL

2006 INSC 380Appeal(s) allowed

The Supreme Court examined an appeal by the Chief Engineer, Ranjit Sagar Dam (appellants) against a Labour Court order that reinstated workman Sham Lal and awarded back wages. The central questions were whether the burden of proof to show that a workman had worked at least 240 days in the year …

SURENDRANAGAR DISTT. PANCHAYAT AND ANR.versusGANGABEN LALJIBHAI AND ORS.

2006 INSC 381Appeal(s) allowed

The employer, Surendranagar District Panchayat, terminated several daily‑wage workers and claimed that none had worked continuously for 240 days in the preceding year, a condition required under Section 25‑F of the Industrial Disputes Act, 1947 for retrenchment. The workers contended they had met …

ASSISTANT ENGINEER, RAJASTHANversusRAM CHARAN

2006 INSC 349Appeal(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 …

STATE BANK OF BIKANER AND JAIPURversusOM PRAKASH SHARMA

2006 INSC 340Appeal(s) allowed

Om Prakash Sharma, a casual worker of State Bank of Bikaner and Jaipur, was terminated after three and a half months and replaced by a junior employee. He raised an industrial dispute and the appropriate Government referred the question of whether his termination violated Section 25H of the …

NORTH EASTERN KARNATAKA R.T. CORPORATIONversusASHAPPA AND ANR.

2006 INSC 341Appeal(s) allowed

The respondent, Ashappa, a conductor employed by North Eastern Karnataka Road Transport Corporation, was absent without authorization for more than three years between November 1990 and December 1993 and repeatedly failed to report to duty despite notices. A departmental proceeding dismissed him for …

MUNICIPAL COUNCIL, SUJANPURversusSURINDER KUMAR KUMAR

2006 INSC 296Appeal(s) allowed

The Municipal Council, Sujanpur terminated Surinder Kumar, a daily‑waged worker appointed in violation of its recruitment rules and allegedly as a supervisor. The Labour Court held that Kumar was a workman who had completed the requisite 240 days of work and ordered his reinstatement with full back …

HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD.versusMAMNI

2006 INSC 275Modified

The respondent was engaged on an ad‑hoc basis as a Junior Technician for successive 89‑day periods from 1990 to 1992, each appointment ending with a one‑ or two‑day gap before the next. She was terminated on 7 August 1992 and later raised an industrial dispute. The Labour Court ordered her …

MANAGEMENT, METTUR BEARDSELL LTD.versusWORKMEN OF METTUR BEARDSELL. LTD. & ANR.

2006 INSC 256Disposed 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 …

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 250Dismissed

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 …

TRANSMISSION CORPN., A.P. LTD. AND ORS.versusP. RAMACHANDRA RAO AND ANR.

2006 INSC 230Appeal(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 …

KARNATAKA POWER CORPORATION LIMITED AND ANR.versusK. THANGAPPAN AND ANR.

2006 INSC 201Appeal(s) allowed

The dispute arose from a 1979 settlement under Section 12(3) of the Industrial Disputes Act, whereby a workman who had been on the nominal muster roll was to be appointed to a vacancy when one arose. The workman failed to report for duty in 1979 and his name was removed; after nearly two decades he …

KERALA SAMSTHANA CHETHU THOZHILALI UNIONversusSTATE OF KERALA AND ORS.

2006 INSC 178Appeal(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 …

STATE OF HARYANA AND ORS.versusBIKAR SINGH

2006 INSC 165

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 …

UNION OF INDIA AND ANR.versusKANKUBEN (DEAD) BY LRS. AND ORS. ETC. ETC.

2006 INSC 156Appeal(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) …

STATE OF M.P. AND ORS.versusARJUNLAL RAJAK

2006 INSC 119Appeal(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 …

THE HARYANA STATE AGRICULTURAL MARKETING BOARDversusSUBHASH CHAND AND ANR.

2006 INSC 121Appeal(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 …

CEAT LTD.versusANAND ABASAHEB HAWALDAR AND ORS.

2006 INSC 89Appeal(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 …

A.P.S.R.T.C. AND ANR.versusB.S. DAVID PAUL

2006 INSC 56Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (AP SRTC) terminated certain employees who claimed they were its workers. The Labour Court held the termination illegal and ordered reinstatement, after which the employees sought back wages under Section 33-C(2) of the Industrial Disputes Act, …

L.K.VERMAversusH.M.T. LTD. AND ANR.

2006 INSC 52Dismissed

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 …

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 24Appeal(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 …