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Industrial Disputes Act, 1947

986 judgments · newest first · showing 601–800

HOMBE GOWDA EDN TRUST AND ANR.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 630Appeal(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 …

SONEPAT COOPERATIVE SUGAR MILLS LTD.versusRAKESH KUMAR

2005 INSC 631Dismissed

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 …

ADMINISTRATOR KAMALA NEHRU MEMORIAL HOSPITALversusVINOD KUMAR

2005 INSC 599Appeal(s) allowed

The Administrator of Kamala Nehru Memorial Hospital terminated the services of clerk Vinod Kumar, who claimed that he had worked continuously for at least 240 days in a calendar year and was therefore entitled to protection under Section 6(N) of the Uttar Pradesh Industrial Disputes Act. The Labour …

U.P. STATE BRASSWARE CORPN. LTD. AND ANR.versusUDAI NARAIN PANDEY

2005 INSC 602Case Partly allowed

The workman Udai Narain Pandey was engaged on a daily‑wage basis for a fixed tenure by U.P. State Brassware Corporation Ltd. His services were terminated on the expiry of that tenure, but he had rendered more than 240 days of service in the preceding year, making him a "workman" under Section 6‑N of …

LIFE INSURANCE CORPORATION OF INDIAversusR. DHANDAPANI

2005 INSC 590Appeal(s) allowed

R. Dhandapani, an assistant with Life Insurance Corporation of India (LIC), was transferred to a new branch but failed to join, subsequently taking privileged and medical leave without furnishing a medical certificate from the LIC‑designated doctor. The employer issued a charge sheet for …

CHAIRMAN, OIL AND NATURAL GAS CORPORATION LTD. AND ANR.versusSHYAMAL CHANDRA BHOWMIK

2005 INSC 583Appeal(s) allowed

The respondent, a casual worker of ONGC, claimed that he had worked more than 240 days in a year and sought regularisation of his service through a writ petition. The Guwahati High Court allowed the petition, holding that the employer bore the burden of proving the contrary. ONGC appealed, arguing …

RAJINDER SINGH CHAUHAN AND ORS.versusSTATE OF HARYANA AND ORS.

2005 INSC 579Appeal(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, …

PUNJAB STATE ELECTRICILY BOARDversusDARBARA SINGH

2005 INSC 569Appeal(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 …

R.M. YELLATTIversusTHE ASST. EXECUTIVE ENGINEER

2005 INSC 545Appeal(s) allowed

The appellant, a daily‑wage worker appointed on 26‑Nov‑1988, was terminated on 20‑Jun‑1994 and claimed that he had worked continuously for more than 240 days in the preceding year, invoking section 25‑F of the Industrial Disputes Act, 1947. The labour court held him to be a workman, found that he …

SURENDRANAGAR DISTRICT PANCHAYATversusDAHYABHAI AMARSINH

2005 INSC 523Appeal(s) allowed

The Su... District Panchayat terminated the services of workman D. Amarsinh, who claimed he had been employed for over ten years and that his dismissal violated the Industrial Disputes Act, 1947. The Panchayat argued that the workman had not completed the statutory 240 days of service in the twelve …

BATALA COOPERATIVE SUGAR MILLS LTD.versusSOWARAN SINGH

2005 INSC 504Appeal(s) allowed

The workman, Sowaran Singh, claimed he was a regular employee of Batalá Cooperative Sugar Mills Ltd. from April 1986 and that his termination on 12 February 1994 was illegal, seeking reinstatement and back wages. The employer contended that Singh was engaged on a casual, seasonal basis for a …

AIR INDIA LTD. AND ORS.versusVISHAL KAPOOR AND ORS.

2005 INSC 452Appeal(s) allowed

The dispute concerned seniority of Air India co‑pilots: whether it should be based on the date a pilot obtained an Air Lines Transport Pilot (ALTP) licence or on the date of entry as a co‑pilot with only a Commercial Pilot Licence (CPL). The ‘Adhikari group’ (ex‑IAF/Navy pilots with ALTP) challenged …

STATE OF UPversusBRIJPAL SINGH

2005 INSC 449Appeal(s) allowed

Brijpal Singh was appointed as a seasonal clerk on a temporary basis and his services were terminated on 3 July 1987. He obtained a stay of the termination order from the Allahabad High Court but did not resume work. Six years later, relying on the stay, he filed an application under Section 33C(2) …

P.C. AGGARWALAversusPAYMENT OF WAGES INSPECTOR, M.P. AND ORS.

2005 INSC 445Appeal(s) allowed

The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not …

U.P. STATE SPINNING CO. LTD.versusR.S. PANDEY AND ANR.

2005 INSC 447Appeal(s) allowed

The appellant, U.P. State Spinning Co. Ltd., challenged a Allahabad High Court order that quashed the dismissal of workmen R.S. Pandey and another on the ground that the dismissal was effected before receipt of the show‑cause reply. The High Court had entertained a writ petition under Article 226 …

M/S. OBETTEE PVT. LTD.versusMOHD. SHAFIQ KHAN

2005 INSC 438Appeal(s) allowed

The workman, Mohd Shafiq Khan, participated in a strike on 2 May 1980 and was suspended along with two co‑workers, Chunnu and Vakil. While the latter two accepted the charges, tendered unqualified apologies and were subsequently released without further action, Khan contested the charges and did not …

STATE BANK'S STAFF UNION (MADRAS CIRCLE)versusUNION OF INDIA AND ORS.

2005 INSC 419Dismissed

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 …

V. RAMANAversusA.P.S.R.T.C. AND ORS.

2005 INSC 399Dismissed

V. Ramana, a conductor with the Andhra Pradesh State Road Transport Corporation, was removed from service for failing to issue tickets, collect fares and maintain records. He challenged the removal by filing a writ petition, which was upheld by the Andhra Pradesh High Court. On appeal, he argued …

RAJASTHAN STATE ROAD TRANSPORT CORPORATLON AND ORS.versusZAKIR HUSSAIN

2005 INSC 366Appeal(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 …

BINNY LTD. AND ANR.versusV. SADASIVAN AND ORS.

2005 INSC 343Appeal(s) allowed

The Supreme Court examined whether a private employer could be subjected to a writ of mandamus under Article 226 of the Constitution for terminating employees under a contractual clause. The Court held that mandamus is a public‑law remedy and is available only when the body performs a public …

UMESH KORGA BHANDARIversusMAHANAGAR TELEPHONE NIGAM LTD. AND ANR.

2005 INSC 344Matter referred to larger bench

Employees of the departmental canteen of Mahanagar Telephone Nigam Ltd. were terminated and challenged the termination before the Central Government Industrial Tribunal (CGIT), which reinstated them. The Bombay High Court division bench held that, because the canteen posts were civil posts under a …

EMPLOYEES STATE INSURANCE CORPORATIONversusGNANAMBIGAI MILLS LTD.

2005 INSC 300Appeal(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 …

GENERAL MANAGER, HARYANA ROADWAYSversusRUDHAN SINGH

2005 INSC 292Case Partly allowed

The respondent, Rudhan Singh, was employed on a daily‑wage, class IV basis by Haryana Roadways from 16 March 1988 to 28 February 1989 with intermittent breaks. His services were terminated without notice or retrenchment compensation and he later demanded reinstatement. The State Government referred …

STATE OF U.P.versusJAI BIR SINGH

2005 INSC 258Matter referred to larger bench

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the 'social forestry' department and similar welfare activities fall within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947. The conflict arose from differing …

VIVEKA NAND SETHIversusCHAIRMAN, J. AND K., BANK LTD. AND ORS.

2005 INSC 250Case Partly allowed

Viveka Nand Sethi, a cashier‑clerk of Jammu & Kashmir Bank, failed to resume duties after his leave expired and did not submit a proper medical‑leave application with a valid certificate despite repeated notices and memoranda. The Bank invoked clause 2 of the bipartite settlement (voluntary …

MANAGER, R.B.I., BANGALOREversusS. MANI AND ORS.

2005 INSC 138Appeal(s) allowed

The Reserve Bank of India (RBI) terminated a group of temporary workers known as "Ticca Mazdoors" who had been employed between 1980 and 1982 after alleging they produced forged certificates; they were later acquitted in criminal trials. In 1987‑88 they sought re‑employment, were refused, and raised …

MADHYA PRADESH ELECTRICITY BOARDversusJAGDISH CHANDRA SHARMA

2005 INSC 120Case Partly allowed

The employee, a muster‑roll labourer, assaulted his superior officer with a tension screw, causing a broken nose, and then remained absent without permission for three weeks. A domestic enquiry proved the misconduct and the employer dismissed him. The Labour Court set aside the dismissal as …

HARYANA STATE COOP. LAND DEVELOPMENT BANKversusNEELAM

2005 INSC 109Appeal(s) allowed

Neelam was appointed on an ad‑hoc basis as a typist with Haryana State Cooperative Land Development Bank from January 1985 until May 1986, after which she joined the Haryana Urban Development Authority. Following a successful industrial dispute by similarly situated employees, she filed a writ …

MANAGEMENT OF M/S. SONEPAT COOPERATIVE SUGAR MILLS LTD.versusAJIT SINGH

2005 INSC 77Appeal(s) allowed

The appellant, Management of M/s. Sonepat Co‑operative Sugar Mills Ltd., terminated the services of Ajit Singh, who was employed as a Legal Assistant. Singh claimed that he was a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour …

M/S. OSWAL AGRO FURANE LTD. AND ANR.versusOSWAL AGRO FURANE WORKERS UNION AND ORS.

2005 INSC 78Dismissed

The Supreme Court examined whether an employer could close an industrial undertaking and retrench workmen without obtaining prior permission from the appropriate Government, and whether a settlement reached between the parties could override the statutory requirements of Sections 25‑N and 25‑0 of …

J.H. JADHAVversusM/S. FORBES GOKAK LTD.

2005 INSC 75Appeal(s) allowed

J.H. Jadhav, an employee of Forbes Gokak Ltd., was denied a promotion and raised an industrial dispute, claiming that the Gokak Mills Staff Union had espoused his cause. The Industrial Tribunal, after examining oral and documentary evidence, held that the dispute was industrial because the Union, …

M/S. MARUTI UDYOG LTD.versusRAM LAL AND ORS.

2005 INSC 50Appeal(s) allowed

The respondents were workmen of Maruti Ltd whose employment ended in 1977 due to the closure of the factory. After the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 transferred the company's assets to the Central Government and then to the appellant company, the workmen claimed …

CHOLAN ROADWAYS LTD.versusG. THIRUGNANASAMBANDAM

2004 INSC 726Appeal(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 …

U.P. STATE ELECTRICITY BOARDversusSHRI SHIV MOHAN SINGH AND ANR.

2004 INSC 568Appeal(s) allowed

The Supreme Court examined whether apprentices appointed under the Apprentices Act, 1961 become "workmen" under the U.P. Industrial Disputes Act, 1947 and the Industrial Disputes Act, 1947, and whether the requirement in Section 4(4) of the Apprentices Act to send the contract to the Apprenticeship …

EXECUTIVE ENGINEER ZP ENGG. DIVN. AND ANR.versusDIGAMBARA RAO

2004 INSC 550Appeal(s) allowed

The respondents, employed as daily‑wage engineers under a government scheme, were terminated in 1996 and filed writ petitions seeking regularisation, a direction not to discontinue their services and arrears of salary. The Karnataka High Court dismissed the writ petitions, finding that their …

M/S. SANGHAM TAPE COMPANYversusHANS RAJ

2004 INSC 551Dismissed

The employee, Hans Raj, had received a full and final settlement from Sangham Tape Company but later filed a reference petition before the Labour Court seeking reinstatement and back wages. The Labour Court passed an ex‑parte award on 5 February 1996. The employer applied to set aside the award, but …

STATE OF PUNJABversusJAGIR SINGH

2004 INSC 552

Jagir Singh, a driver with Punjab Roadways, was absent without leave for about three months in 1979. The State sent a registered notice and published a newspaper notice urging him to report, but he failed to do so, leading to termination of his services on 3 August 1979. The workman sought …

RAJASTHAN STATE GANGANAGAR S. MILLS LTD.versusSTATE OF RAJASTHAN AND ANR.

2004 INSC 516Leave Granted & Disposed off

Bhagwan Das, a daily‑wages worker, claimed that he was employed continuously from 1 March 1990 to 15 July 1992 and that his termination amounted to retrenchment under Sections 25(F), (G) and (H) of the Industrial Disputes Act, 1947, which require at least 240 days of work in the preceding twelve …

MUKESH K. TRIPATHIversusSR. DIVISIONAL MANAGER, LIC AND ORS.

2004 INSC 499Dismissed

The appellant, Mukesh K. Tripathi, was appointed as an Apprentice Development Officer in LIC and was terminated during his apprenticeship without notice. He claimed that his dismissal violated Section 25F of the Industrial Disputes Act, 1947, arguing that he was a "workman" within the meaning of …

MUNICIPAL CORPORATION, FARIDABADversusSIRI NIWAS

2004 INSC 500Appeal(s) allowed

The respondent, Siri Niwas, claimed that he had worked for more than 240 days in the twelve months preceding his termination by the Municipal Corporation, Faridabad, and therefore his retrenchment was illegal under Section 25F of the Industrial Disputes Act, 1947. The Industrial Tribunal found that …

KRISHNA BHADURversusM/S. PURNA THEATRE AND ORS.

2004 INSC 478Appeal(s) allowed

Krishna Bahadur, a messenger‑cum‑bearer, was dismissed for disciplinary misconduct, reinstated by an Industrial Tribunal, and then retrenched within a month with a modest compensation. The trade union challenged the retrenchment on the ground that the employer had not complied with the mandatory …

DELHI TRANSPORT CORPORATIONversusSARDAR SINGH

2004 INSC 442Appeal(s) allowed

The Delhi Transport Corporation (DTC) dismissed several conductors, including Sardar Singh, for long periods of unauthorized absence, invoking Paragraphs 4(ii) and 19(h) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952. The employees sought approval of …

DELHI TRANSPORT CORPORATIONversusSHYAM LAL

2004 INSC 444Case Partly allowed

The respondent, Shyam Lal, a conductor for Delhi Transport Corporation, was found to have collected fare without issuing tickets and, after departmental proceedings, admitted his guilt and was removed from service. The employer sought approval of the removal under Section 33(2)(b) of the Industrial …

M/S. B.P.L. LTD. AND ORS.versusR. SUDHAKAR AND ORS.

2004 INSC 365Leave Granted & Allowed

The Karnataka High Court stayed the operation of an order of reference that had sent certain work‑men’s disputes to the Industrial Tribunal. While the stay was in force, the employer dismissed the work‑men for serious misconduct and the work‑men filed a complaint under Section 33A of the Industrial …

M.P. VIDYUT KARAMCHARI SANGHversusM.P. ELECTRICITY BOARD

2004 INSC 183Dismissed

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 …

UCO BANK AND ORS.versusSANWAR MAL

2004 INSC 164Appeal(s) allowed

Sanwar Mal, a former Class‑IV employee of UCO Bank who resigned in 1988, sought to join the bank's Employees' Pension Scheme introduced in 1995 under a 1993 settlement. The bank refused, invoking Regulation 22 which disqualifies any employee who has resigned, been dismissed or removed from pension …

MUKAND LTD.versusMUKAND STAFF AND OFFICERS ASSOCIATION

2004 INSC 156

Mukand Ltd. entered into several settlements with the Mukand Staff and Officers' Association, asserting that many of its employees were not "workmen" under the Industrial Disputes Act, 1947. A dispute was referred to an Industrial Tribunal, which awarded wage increases and other benefits to both …

WORKMEN OF NILGIRI COOP. MKT. SOCIETY LTD.versusSTATE OF TAMIL NADU AND ORS.

2004 INSC 89Dismissed

The case concerned 407 porters and graders employed at the marketing yards of Nilgiri Cooperative Marketing Society Ltd., who claimed permanency and other benefits, alleging they were workmen of the Society. The State referred the dispute to the Industrial Tribunal to decide whether their …

SRI BHIMSEN GUPTAversusSRI BISHWANATH PRASAD GUPTA

2004 INSC 76Dismissed

The landlord filed an eviction suit on 5 September 1994 under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging the tenant’s default in rent for months that fell more than three years before the suit. The tenant contended that the suit was barred because …

THE DIVISIONAL MANAGER, APSRTC AND ORS.versusP. LAKSHMOJI RAO AND ORS.

2004 INSC 50Disposed 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 …

AHMEDABAD PVT. PRIMARY TEACHERS' ASSOCIATIONversusADMINISTRATIVE OFFICER AND ORS.

2004 INSC 32Dismissed

A teacher employed by a municipal school sought gratuity under the Payment of Gratuity Act, 1972, but the Gujarat High Court held that teachers are not "employees" within the meaning of section 2(e) and dismissed the claim. The Ahmedabad Private Primary Teachers' Association appealed, arguing that …

M/S. PEARLITE LINERS PVT. LTD.versusMANORAMA SIRSI

2004 INSC 21Appeal(s) allowed

Pearlite Liners Pvt Ltd. transferred the respondent, a trainee accountant later promoted, from its head office to a sales office. The employee refused to comply, was absent, and a chargesheet was issued. She filed a suit seeking a declaration that the transfer order was void, that she remained in …

ANDHRA BANKversusW.T. SESHACHALAM

2004 INSC 14Dismissed

The respondent, a clerk of Andhra Bank, was suspended pending departmental action and later faced criminal charges under Sections 409 and 436 of the Indian Penal Code. He was convicted by a trial court but acquitted on appeal; however, a departmental enquiry continued for several years, culminating …

RADHA RAMAN SAMANTAversusBANK OF INDIA AND ORS.

2003 INSC 742Appeal(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 …

BAJAJ AUTO LTD.versusBHOJANE GOPINATH D. AND ORS.

2003 INSC 729Disposed 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 …

HINDALCO INDUSTRIES LTD.versusUNION OF INDIA AND ORS.

2003 INSC 677Dismissed

Hindalco Industries Ltd, a public limited company engaged in bauxite mining, was ordered by the Divisional Forest Officer to stop mining in forest land and to submit maps and records. The company declared a lay‑off on 31 July 1993 and closed the mine on 19 August 1993. It applied for permission to …

PONDICHERRY KHADI AND VILLAGE INDUSTRIES BOARDversusP. KULOTHANGAN AND ANR.

2003 INSC 591Appeal(s) allowed

The respondent, a temporary instructor, was absent from work and later denied re‑employment by the appellant. He filed a writ petition in the Madras High Court seeking reinstatement and regularisation, which was dismissed along with his appeal. Subsequently, he raised an industrial dispute before …

SARVA SHRAMIK SANGHversusMIS. INDIAN SMELTING AND REFINING CO. LTD. AND ORS.

2003 INSC 569Dismissed

The appellants, a workers' union, challenged a complaint filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, arguing that the employer‑employee relationship with the principal employer was disputed and should be decided under the Industrial …

M/S. U.P. DRUGS AND PHARMACEUTICALS CO. LTD.versusRAMANUJ YADAV AND ORS.

2003 INSC 504Dismissed

The employer, M/s. U.P. Drugs and Pharmaceuticals Co. Ltd., terminated 29 workmen on the ground that they were casual and there was no work, without the workmen having completed 240 days in the 12 months preceding termination. The labour court held they were not entitled to protection under Section …

NATIONAL THERMAL POWER CORPORATION LTD.versusKARRI POTHURAJU AND ORS.

2003 INSC 386Dismissed

National Thermal Power Corporation Ltd. (NTPC), a public sector undertaking, was statutorily obligated under Section 46 of the Factories Act, 1948 to provide a canteen for its employees. The canteen was operated by contractors, employing about 54 workers. The workers filed a writ petition seeking …

AIR INDIA CABIN CREW ASSOCIATIONversusYESHAWINEE MERCHANT AND ORS.

2003 INSC 309Appeal(s) allowed

The dispute concerned the retirement age and service conditions of air hostesses employed by Air India and Indian Airlines, who under various agreements were required to retire from flying duties at age 50 (later 45/50) with the option of ground duties up to age 58, while male cabin crew could serve …

SURENDRA KUMAR SHARMAversusVIKAS ADHIKARI AND ANR.

2003 INSC 292Dismissed

The appellant was engaged as a daily‑wage worker under the Jawahar Rozgar Yojna, a temporary employment scheme, initially for 100 days and subsequently extended, completing a total of 240 days. The post he occupied was later abolished due to lack of funds, and his services were terminated. He filed …

M/S. AWAZ PRAKASHAN PRIVATE LIMITEDversusPRAMOD KUMAR PUJARI

2003 INSC 210Dismissed

Awaz Prakashan Private Ltd closed its newspaper and retrenched reporter P.K. Pujari on 1 July 1989. The reporter claimed the retrenchment violated the Industrial Disputes Act, 1947 and obtained a Labour Court award for reinstatement with back wages. The employer later challenged the award, arguing …

S.M. NILAJKAR AND ORS.versusTELECOM DISTRICT MANAGER, KARNATAKA

2003 INSC 195Appeal(s) allowed

The petitioners, a group of casual workmen employed by the Telecom Department for a temporary cable‑laying project, were terminated when the project ended in 1986‑87. They sought reinstatement, continuity of service and back wages, arguing that their termination fell under sub‑clause (bb) of Section …

PRAMOD JHA AND OTHERSversusSTATE OF BIHAR AND OTHERS

2003 INSC 134Dismissed

The appellants, daily‑wage project employees, challenged their retrenchment by the State of Bihar, arguing that the notices issued under Section 25F of the Industrial Disputes Act, 1947 did not accompany the required compensation and that the compensation was not paid directly to them. The State …

ROURKELA SHRAMIK SANGHversusSTEEL AUTHORITY OF INDIA LTD. AND ANR.

2003 INSC 43Dismissed

The workmen of Rourkela Steel Plant, represented by Rourkela Shramik Sangh, sought regularisation of their services through a writ petition, invoking the Supreme Court's earlier directions that disputes on identification of eligible workmen be referred to the Chief Labour Commissioner (CLC). The …

BALWANT SINGH AND ORS.versusANAND KUMAR SHARMA AND ORS.

2003 INSC 42Dismissed

The landlord filed an eviction suit against the tenants under the Bihar Buildings (Lease, Rent & Eviction) Control Act alleging default in rent payment. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed eviction for default. The second appellate …

A.P.S.R.T.C. AND ANR.versusS. NARSAGOUD

2003 INSC 17Appeal(s) allowed

The respondent, a conductor employed by Andhra Pradesh State Road Transport Corporation, was removed from service for two periods of unauthorized absence in 1982 and 1992. He raised a dispute under Section 2(A)(2) of the Industrial Disputes Act, 1947, and the Labour Court reinstated him with …

M/S. ESSEN DEINKIversusRAJIV KUMAR

2002 INSC 448Leave granted

The respondent, a helper employed from 1 July 1990 to 26 February 1991, was terminated for unsatisfactory work. Section 25F of the Industrial Disputes Act, 1947 protects a workman only if he has completed at least 240 days of service in the preceding 12 months. The Labour Court held that the workman …

STATE OF ORISSA AND ORS.versusBALARAM SAHU AND ORS.

2002 INSC 450Appeal(s) allowed

The petitioners, who were daily‑wage/N.M.R. workers in various Orissa government projects, filed writ petitions seeking regularisation of their services and equal pay with regular staff on the ground that they performed the same duties, invoking Article 14 of the Constitution. The Orissa High Court …

HINDUSTAN MOTORS LTD.versusTAPAN KUMAR BHATTACHARYA AND ANR.

2002 INSC 300Disposed off

The workman, Tapan Kumar Bhattacharya, assaulted his supervisor in 1980, was suspended, found guilty of major misconduct in a departmental enquiry and dismissed. The employer sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947, and the Industrial Tribunal …

M/S. HARYANA STATE F.C.C.W. STORE LTD. AND ANR.versusRAM NIWAS AND ANR.

2002 INSC 285Appeal(s) allowed

The Haryana State F.C.C.W. Store Ltd. engaged two individuals as watchmen/chowkidars on a daily-wage contract for a specific purpose—watching grain stock stored in an open area—and for a defined period of three months or until the stock was cleared. After the stock was disposed of, the respondents …

UNION OF INDIAversusSHREE GAJANAN MAHARAJ SANSTHAN

2002 INSC 245Case Partly allowed

Shree Gajanan Maharaj Sansthan, a charitable trust, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to fix a date for bringing Section 2(c) of the Industrial Disputes (Amendment) Act, 1982 into force, which would exclude charitable organisations from the …

UNION OF INDIA AND ANR.versusMOHAN PAL ETC. ETC.

2002 INSC 247Disposed off

The Supreme Court examined the 1993 Department of Personnel and Training scheme that confers "temporary" status on casual labourers. It held that the scheme is a one‑time programme applicable only to those who were employed on the scheme's commencement date and who have completed at least one year …

SHARAD KUMARversusGOVT. OF NCT OF DELHI AND ORS.

2002 INSC 191Appeal(s) allowed

Sharad Kumar, employed as an Area Sales Executive, was terminated without a show‑cause notice or enquiry. The dispute was referred to conciliation, and the Delhi Government refused to refer it to an Industrial Tribunal or Labour Court, stating that Kumar was not a "workman" under Section 2(s) of the …

JAIPUR ZILA SAHAKARI BHOOMI VIKAS BANK LTD.versusSHRI RAM GOPAL SHARMA AND ORS.

2002 INSC 29Dismissed

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 …

M/S. ORISSA TEXTILE AND STEEL LTD.versusSTATE OE ORISSA AND ORS.

2002 INSC 31Directions 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 …

K.D. DEWANversusHARBHAJAN S. PARIHAR

2001 INSC 514Dismissed

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 …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusV.S.R. MURTHY AND ORS.

2001 INSC 448Dismissed

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 …

HUSSAN MITHU MHASVADKARversusBOMBAY IRON AND STEEL LABOUR BOARD AND ANR.

2001 INSC 432Dismissed

Hussan Mithu Mhasvadkar, employed as an Inspector in the Bombay Iron & Steel Labour Board, was placed on probation and terminated after 21 months. He claimed that he was a "workman" under the Industrial Disputes Act, 1947 and that the Board constituted an "industry", making him entitled to the Act's …

BHARAT BHAWAN TRUSTversusBHARAT BHAWAN ARTISTS ASSOCIATION AND ANR.

2001 INSC 387Appeal(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 …

SAPAN KUMAR PANDITversusU.P. STATE ELECTRICITY BOARD AND ORS.

2001 INSC 305Appeal(s) allowed

S.K. Pandit, a clerk dismissed in 1975, claimed his termination was illegal and raised an industrial dispute. Ten other workmen, represented by a union, had earlier raised a similar dispute which was referred to an Industrial Tribunal and resulted in an award. The Board assured Pandit that any …

HARMOHINDER SINGHversusKHARGA CANTEEN, AMBALA CANTT.

2001 INSC 283Dismissed

Harmohinder Singh was appointed as a temporary employee of Kharga Canteen in 1974 under standing orders that allowed termination on one month's notice. In 1988 the canteen amended its standing orders to impose a maximum service period of 15 years and an age limit of 60, and terminated Singh's …

REGIONAL AUTHORITY, DENA BANK AND ANR.versusGHANSHYAM

2001 INSC 267Appeal(s) allowed

The respondent, a former personal driver of Dena Bank's regional manager, claimed to be a workman and obtained a Labour Court award for reinstatement with back wages. Dena Bank challenged the award in the Allahabad High Court, which stayed the award on the condition that the bank reinstate the …

M.D. TAMIL NADU STATE TRANSPORT CORPORATIONversusNEETHIVILANGAN, KUMBAKONAM

2001 INSC 256Dismissed

The Tamil Nadu State Transport Corporation dismissed a junior superintendent after a departmental inquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Tribunal rejected the application on merit, finding no prima facie case for …

KARNATAKA STATE ROAD TRANSPORT CORPN.versusSMT. LAKSHMIDEVAMMA AND ANR.

2001 INSC 234Dismissed

The employee was dismissed after a domestic enquiry which the Labour Court held to be invalid. The employer then sought permission to adduce fresh evidence to justify the dismissal, but did so only after the preliminary issue on the enquiry's validity had been decided. The High Court dismissed the …

BANK OF. INDIAversusSECRETARY, BANK OF INDIA STAFF UNION AND ANR .

2001 INSC 195Appeal(s) allowed

Workmen employed by Bank of India at various collection centres and clearing houses claimed entitlement to a special assistant allowance under the Industrial Disputes Act. The Industrial Tribunal held that the workmen were entitled to the allowance for the days they worked at the centres and ordered …

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 160Appeal(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 …

M/S. DAMODAR MANGALJI AND CO. ETC.versusTHE REGIONAL DIRECTOR

2001 INSC 125Dismissed

The mining company Damodar Mangalji & Co. challenged a 1977 notification issued by the Government of Goa, Daman & Diu under the Employees' State Insurance Act, 1948, arguing that the Act should not apply to mining establishments because the term "mine" should be limited to the ore‑extraction site …

CIPLA LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.

2001 INSC 100

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 …

INDIAN BANKS ASSOCIATIONversusWORKMEN OF SYNDICATE BANK AND ORS.

2001 INSC 85Dismissed

The Indian Banks Association and several nationalised banks challenged an Industrial Tribunal award that classified deposit collectors and commission agents as workmen under the Industrial Disputes Act, 1947, and ordered back wages, gratuity and other benefits. The banks argued that the collectors …

INLAND STEAM NAVIGATION WORKS' UNIONversusUNION OF INDIA AND ORS.

2001 INSC 63Case Partly allowed

The River Steam Navigation Co. Ltd., operating a river service with about 8,000 employees, suffered heavy losses during the 1965 armed conflict with Pakistan and entered into a scheme of arrangement with the Central Inland Water Transport Corporation (CIWTC) that transferred assets but not the …

GUJARAT AGRICULTURAL UNIVERSITYversusRATHOD LABHU BECHAR AND ORS.

2001 INSC 33Disposed 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 …

J.K. SYNTHETICSversusRAJASTHAN TRADE UNION KENDRA AND ORS.

2000 INSC 591Disposed off

JK Synthtics Ltd. laid off its workers in 1983 due to a total power cut and subsequently terminated 1,164 workers and retrenched 1,201 workers, prompting the Rajasthan Trade Union Kendra to challenge the terminations before the High Court and an Industrial Tribunal. The Tribunal, after a secret …

RUTH SORENversusMANAGING COMMITTEE, EAST I.S.S.D.A. AND ORS.

2000 INSC 555Dismissed

Ruth Soren, a former employee of an educational institution, was terminated and filed an application under Section 26(2) of the Bihar Shops and Establishments Act, 1953 before the Labour Court seeking reinstatement. The Labour Court ordered her reinstatement, but the institution appealed, contending …

B.S. SHARMAversusSTATE OF HARYANA AND ANR.

2000 INSC 533Dismissed

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 …

STATE BANK OF INDIAversusRAM CHANDRA DUBEY AND ORS.

2000 INSC 520Appeal(s) allowed

The Central Government referred a dispute under Section 10 of the Industrial Disputes Act, 1947 to an Industrial Tribunal to determine whether the termination of 26 State Bank of India employees was justified and what relief they were entitled to. The Tribunal awarded reinstatement but was silent on …

MANAGEMENT OF MIS. INDIAN IRON AND STEEL CO. LTD.versusPRAHLAD SINGH

2000 INSC 503Appeal(s) allowed

The workman Prahlad Singh was granted leave from 1 July to 20 September 1974 and failed to resume duty. The company terminated his employment on 8 October 1974 under its standing orders, which stipulated loss of lien for over‑stay of leave. Singh raised an industrial dispute before the Central …

P.G.I. OF M.E. AND RESEARCH, CHANDIGARHversusRAJ KUMAR ETC.

2000 INSC 502Appeal(s) allowed

The employer, Post‑Graduate Institute of Medical Education and Research, terminated Raj Kumar after he had completed 240 days of service. The Labour Court held the termination illegal, ordered reinstatement with continuity of service and awarded only 60% of back wages, exercising its discretion …

BLUE STAR EMPLOYEES UNIONversusEX. OFF. PRINCIPAL SECY. TO GOVERNMENT AND ANR.

2000 INSC 460Appeal(s) allowed

During an industrial dispute, two employees were transferred and terminated and filed a complaint under Section 33‑A of the Industrial Disputes Act, alleging that the employer had not complied with the procedural safeguards of Section 33. The Industrial Tribunal awarded that the terminations were …

AGRICULTURAL PRODUCE MARKET COMMITTEEversusSHRI ASHOK HARIKUNI AND ANR. ETC.

2000 INSC 459Dismissed

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 …

STATE BANK OF INDIAversusTARUN KUMAR BANERJEE AND ORS.

2000 INSC 451Appeal(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, …

M/S. HARI FERTILIZERS ETC.versusSTATE OF U.P. AND ORS.

2000 INSC 360Dismissed

The appellant company terminated several workmen in 1985 and later closed its factory in 1988‑89, terminating seven additional workmen. A settlement agreement was executed on 19 October 1989 between the company and the trade union, covering disputes of the seven workmen terminated due to the …

THE FACTORY MANAGER CIMMCO WAGON FACTORYversusVIRENDRA KUMAR SHARMA AND ANR.

2000 INSC 353

The respondent, Virendra Kumar Sharma, worked as an apprentice for CIMMCO Wagon Factory and received a stipend of Rs.250 per month, with a contractual clause stating the company had no obligation to employ him after training. No appointment letter or salary was ever paid, and letters recommending …

STATE BANK OF INDIA AND ORSversusHARBANS LAL

2000 INSC 282Appeal(s) allowed

Harbans Lal, a clerk-cum-cashier of State Bank of India, was suspended on 29 November 1990 pending a departmental enquiry into alleged misconduct. He filed writ petitions under Article 226 seeking payment of full salary during the suspension, invoking the Sastry Award as adopted by the bank. The …

SYNDICATE BANKversusTHEGENERALSECRETARY,SYNDICATEBANKSTAFF ASSOCIATION AND ANR.

[2000] 3 S.C.R. 285Appeal(s) allowed

The case concerns D.K. Dayananda, a clerk of Syndicate Bank, who was absent from duty for more than 90 consecutive days. The Bank issued a show‑cause notice under Clause 16 of the Bipartite Settlement, which was returned as "refused"; the employee neither responded nor reported for duty, leading the …

INDIAN OVERSEAS BANKversusI.O.B. STAFF CANTEEN WORKERS UNION AND ANR.

2000 INSC 213Dismissed

The Indian Overseas Bank (IOB) provided a staff canteen from 1973, initially through a contractor and later via a co‑operative society run by bank employees. The bank supplied premises, equipment, subsidies and other support, while the canteen workers were paid from these funds. When the canteen was …

NAR SINGH PALversusUNION OF INDIA AND ORS.

2000 INSC 169Appeal(s) allowed

Nar Singh Pal, a casual labourer who had acquired temporary status in the Telecom Department, was terminated in May 1992 on the basis of alleged assault and pending criminal charges under the IPC. The termination was effected by paying retrenchment compensation without a regular departmental …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSUBHASH CHANDRA SHARMA AND ORS.

2000 INSC 145Appeal(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 …

M/S.WHIRLPOOL OF INDIA LTD.versusEMPLOYEES' STATE INSURANCE CORPORATION

2000 INSC 127Appeal(s) allowed

The appellant, Whirlpool of India Ltd., paid its workers a quarterly production incentive under a scheme in addition to normal wages. The Employees' State Insurance Corporation (ESIC) treated these incentives as "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 and demanded …

MUNICIPAL CORPORATION OF DELHIversusFEMALE WORKERS (MUSTER ROLL) AND ANR.

2000 INSC 129Dismissed

Female workers employed on a daily‑wage muster roll by the Municipal Corporation of Delhi were denied maternity benefits that regular female employees received. The Industrial Tribunal held that these workers were entitled to the benefits under the Maternity Benefit Act, 1961 and directed the …

THE SECRETARY, INDIAN TEA ASSOCIATIONversusAJIT KUMAR BARAT AND ORS.

2000 INSC 67

Ajit Kumar Barat, a Joint Secretary of the Indian Tea Association, was dismissed for refusing a transfer. He sought relief under Section 12 of the Industrial Disputes Act, 1947, and a failure report recommended that the dispute over whether he was a "workman" be referred to an industrial tribunal. …

THE NEDUNGADI BANK LTD.versusK.P. MADHAVANKUTTY AND ORS.

2000 INSC 36Appeal(s) allowed

The respondent, a clerk of Nedungadi Bank Ltd., was dismissed in 1972 for misappropriation of funds following a disciplinary inquiry. After about seven years he sought reinstatement, alleging discrimination because two other dismissed employees had been reinstated, and applied to the Central …

MADAN PAL SINGHversusSTATE OF U.P. AND ORS.

2000 INSC 7Appeal(s) allowed

Madan Pal Singh, a daily‑wage work agent employed by the New Okhla Industrial Development Authority (NOIDA) from July 1982 to August 1986, filed a dispute after his services were terminated. In his conciliation application he mistakenly wrote his name as Madan Lal, and the State of U.P. issued a …

MANAGEMENT OF M.C.D.versusPREM CHAND GUPTA AND ANR.

1999 INSC 566Disposed 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 …

NATIONAL ENGINEERING INDUSTRIES LTD.versusSTATE OF RAJASTHAN AND ORS.

1999 INSC 538Appeal(s) allowed

National Engineering Industries Ltd. (employer) had three unions: a recognised majority Labour Union, a Staff Union and a minority Workers' Union. A tripartite settlement was reached in conciliation proceedings with the Labour and Staff unions covering most demands, and the Workers' Union also …

RAM LAKHAN ETC. ETC.versusPRESIDING OFFICER AND ORS.

1999 INSC 522Appeal(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 …

INDIAN PETROCHEMICALS CORPORATION LTD. AND ANR.versusSHRAMIK SENA AND ORS.

1999 INSC 302Dismissed

The workmen employed in the statutory canteen of Indian Petrochemicals Corporation Ltd. filed a writ petition seeking declaration that they were regular employees of the corporation and were entitled to regularisation, pay scales and arrears. The Bombay High Court held that, relying on Parimal …

LOKMATNEWSPAPERS PVT. LTD.versusSHANKAR PRASAD

1999 INSC 279Dismissed

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 …

N.S. GIRIversusCORPORATION OF CITY OF MANGALORE & ORS.

1999 INSC 255Dismissed

N.S. Giri, an Assistant Health Officer of Mangalore City Municipality, was governed by Rule 48 of the Karnataka Municipalities (Conditions of Service) Rules, 1972 which fixed the superannuation age at 55 years. An industrial dispute concerning whether the retirement age should be raised to 58 years …

M/S CIPLA LTD. AND ORS.versusRIPU DAMAN BHANOT AND ANR.

1999 INSC 176Appeal(s) allowed

Cipla Ltd. terminated medical representative Ripu Daman Bhanot after a departmental enquiry found him guilty of submitting a false daily report, a misconduct under Rule 14 of the company's service rules. The Labour Court held the termination illegal, reasoning that Bhanot was denied assistance of an …

H.S. CHANDRA SHEKARA CHARIversusTHE DIVISIONAL CONTROLLER, KSRTC AND ANR.

1999 INSC 141Disposed off

H.S. Chandra Shekara Chari was dismissed by the Karnataka State Road Transport Corporation in July 1988. He challenged the dismissal before the Labour Court, which held that the charges against him were not proved and ordered his reinstatement with full back wages. The respondents appealed to the …

SECRETARY, HARYANA STATE ELECTRICITY BOARDversusSURESH AND ORS. ETC. ETC.

1999 INSC 137Dismissed

The Haryana State Electricity Board (the Board) awarded a cleaning contract to a contractor, Kashmir Singh, who supplied 42 safai karamcharis. After the workers completed more than 240 days of service, they claimed permanent absorption under Section 10 of the Contract Labour (Regulation & Abolition) …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 492Disposed 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 …

BHARAT PETROLEUM CORPORATION LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.

1998 INSC 478Appeal(s) allowed

Bharat Petroleum Corporation Ltd. submitted draft standing orders for certification under the Industrial Employment (Standing Orders) Act, 1946. The draft was partially certified, and the clause on representation of a workman in disciplinary proceedings was left unmodified, thereby retaining the …

M/S SAVITA CHEMICALS (PVT.) LTD.versusDYES AND CHEMICAL WORKERS UNION AND ANR.

1998 INSC 476Dismissed

The appellant, Savita Chemicals Ltd., sought a declaration that a strike by the Dyes and Chemical Workers Union was illegal under Sections 24(1)(a) and 24(1)(i) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The union had issued a strike notice …

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

1998 INSC 462Appeal(s) allowed

The case involved 25 workmen employed by Indian Railway Construction Co. Ltd. (IRCON) on the Rihand Nagar railway line project who were served retrenchment notices in 1993 stating that most work was completed. The workmen challenged the notices, arguing that the project constituted a "factory" under …

NEETA KAPLISHversusPRESIDING OFFICER LABOUR COURT AND ANR.

1998 INSC 463Appeal(s) allowed

The appellant, a clerk at Dayanand Medical College and Hospital, was dismissed after a domestic enquiry that she alleged was biased and violated natural justice. The Labour Court found the enquiry to be unfair and ordered the management to lead fresh evidence on the merits, but the management relied …

COIR BOARD, ERNAKULAM, COCHIN AND ANR.versusINDIRA DEVI P.S. AND ORS.

1998 INSC 131Dismissed

The Coir Board, a statutory body established under the Coir Industry Act, 1953, dismissed several temporary clerks and typists who claimed that their termination was governed by Chapter V‑A of the Industrial Disputes Act, 1947. The Kerala High Court held that the Board qualified as an "industry" …

THE STATE OF MAHARASHTRAversusLABOUR LAW PRACTITIONERS ASSOCIATION AND ORS.

1998 INSC 81Dismissed

The Labour Law Practitioners' Association challenged a Maharashtra Government notification appointing two Assistant Commissioners of Labour as judges of Labour Courts, alleging violation of Article 234 of the Constitution. The Bombay High Court set aside the notification, holding that Labour Courts …

UPTRON INDIA LTD.versusSHAMMI BHAN AND ANR.

1998 INSC 74Dismissed

Uptron India Ltd., a manufacturing concern, terminated the services of Ms. Shammi Bhan, a confirmed permanent employee, invoking clause 17(g) of its certified standing orders which provided for automatic termination if a workman overstayed leave for more than seven days. The employee challenged the …

COLOUR-CHEM LTD.versusA.L. ALASPURKAR AND ORS.

1998 INSC 67Dismissed

The case concerned two plant operators (respondents 3 and 4) who were dismissed for sleeping on duty while the machine was left running. The Labour Court held that the dismissal was shockingly disproportionate and ordered reinstatement with back wages. The appellant appealed, arguing that Clause (g) …

ALL INDIA RADIOversusSHRI SANTOSH KUMAR AND ANR. ETC.

1998 INSC 70Dismissed

All India Radio and Doordarshan challenged the termination and non‑regularisation of several clerical, linemen and casual workmen, contending that they are not "industries" under Section 2(j) of the Industrial Disputes Act, 1947 because they perform sovereign functions. The Supreme Court examined …

INDIAN BANKversusK. USHA AND ANR. ETC. ETC.

1998 INSC 42

The Bank of Thanjavur was amalgamated with Indian Bank under a Scheme of Amalgamation framed pursuant to Section 45 of the Banking Regulation Act, 1949. The heirs of employees who died while in service of the transferor bank claimed compassionate appointments based on a 1982 settlement entered into …

P. VIRUDHACHALAM AND ORS.versusTHE MANAGEMENT OF LOTUS MILLS AND ANR.

1997 INSC 796Dismissed

The appellants, workmen of Lotus Mill, claimed full lay‑off compensation under Section 25C of the Industrial Disputes Act, arguing that a settlement reached during conciliation on 5 May 1980 – which limited compensation to 67% of the statutory amount and was signed by only four of five unions – …

DENA BANKversusKRITI KUMAR T. PATEL

1997 INSC 744Appeal(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 …

GENERAL MANAGER, TELECOMversusS. SRINIVASA RAO AND ORS .

1997 INSC 731Dismissed

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 …

VISHWESHWARAIAH IRON AND STEEL LTD.versusABDUL GANI AND ORS.

1997 INSC 725Directions issued

The case involved the termination of an employee by Vishweshwaraiah Iron and Steel Ltd. without conducting a domestic enquiry. The employee challenged the termination before the labour court, which upheld the termination based on evidence later led before the Court of Reference under Section 10 of …

PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED AND ANR. ETC.versusKALA SINGH ETC

1997 INSC 489Case Partly allowed

The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered …

ANIL BAPURAO KANASEversusKRISHNA SAHAKARI SAKHAR KARKHANA LTD. AND ANR.

1997 INSC 494Dismissed

Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference …

SRI GANGANAGAR URBAN CO-OPERATIVE BANK LTD.versusPRESCRIBED AUTHORITY AND ORS.

1997 INSC 468Disposed off

Ten workmen were employed by Sri Ganganagar Urban Co‑operative Bank in 1992 and were dismissed on 5 June 1992 without any prior notice or payment in lieu of notice. They filed an application before the Industrial Tribunal under Section 33(c‑2) of the Industrial Disputes Act seeking reinstatement …

THE EXECUTIVE ENGINEERversusK. SOMASETTY AND ORS.

1997 INSC 469Appeal(s) allowed

The respondent was engaged on daily wages for a state‑run project that was closed, leading to his discharge. He filed a claim under Section 10 of the Industrial Disputes Act seeking continuity of service and back wages. The Labour Court and the Karnataka High Court held that he was entitled to …

UNION OF INDIAversusGURBACHAN SINGH AND ANR.

1997 INSC 420Dismissed

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, …

R.C. TIWARIversusM.P. STATE CO-OPERATIVE MARKETING FEDERATION LTD. AND ORS.

1997 INSC 398Dismissed

R.C. Tiwari, an employee of M.P. State Co‑operative Marketing Federation Ltd., was dismissed for misconduct. He obtained a reference under the Madhya Pradesh Societies Act, which confirmed the dismissal and became final. He then approached the Labour Court under Section 10(1) of the Industrial …

PHYSICAL RESEARCH LABORATORYversusK.G. SHARMA

1997 INSC 390Appeal(s) allowed

The Physical Research Laboratory (PRL), a government research institute under the Department of Space, retired employee K.G. Sharma at age 58, prompting him to claim a statutory retirement age of 60 under the Industrial Disputes Act, 1947. The Labour Court held that PRL was an "industry" within the …

HIMANSHU KUMAR VIDYARTHI AND ORS.versusSTATE OF BIHAR AND ORS.

1997 INSC 322Dismissed

The petitioners, who were appointed as daily‑wage assistant, driver and peons in a cooperative training institute of the Bihar government, had their services terminated by the institute's principal. They filed a writ petition alleging that their dismissal violated Section 25F of the Industrial …

PROCESS TECHNICIANS AND ANALYSTS' UNIONversusUNION OF INDIA AND ORS.

1997 INSC 240Dismissed

The Supreme Court examined the constitutional validity of the Bharat Petroleum Corporation Ltd. (Determination of Conditions of Service of Employees) Act, 1988 and the schemes framed under it in 1989 and 1996. The appellant union argued that Section 3 of the Act gave the Central Government unguided …

THE UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIAversusKG. SANGAMESWARAN AND ANR.

1997 INSC 235Appeal(s) allowed

The respondent, K.G. Sangameswaran, an accountant employed by United Planters Association, was dismissed for alleged misappropriation. He appealed the dismissal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947, claiming that no domestic enquiry had been held. The Appellate …

RAE BARELI KSHETRIYA GRAMIN BANKversusBHOLA NATH SINGH AND ORS.

1997 INSC 210Appeal(s) allowed

The respondent, a cashier‑cum‑clerk of Rae Bareli Kshetriya Gramin Bank, was charged with forging signatures and fraudulently withdrawing Rs 28,500. An ex‑parte inquiry found him guilty, a show‑cause notice was issued, and the disciplinary authority dismissed him; the dismissal was affirmed by the …

INDIAN OIL CORPORATION LTD. AND ANR.versusASHOK KUMAR ARORA

1997 INSC 106Appeal(s) allowed

The respondent, a senior stenographer in Indian Oil Corporation Ltd., was identified by a vigilance enquiry as the organiser of a scheme in which employees submitted forged medical certificates and bills to obtain reimbursements, causing monetary loss to the corporation. He was charge‑sheeted, …

MIS. FABRIL GASOSAversusLABOUR COMMISSIONER AND ORS.

1997 INSC 80Dismissed

M/s. FabriL Gasosa entered into a written settlement with the employees' union in 1986 providing for Variable Dearness Allowance (VDA). The union later gave notice of termination and issued a fresh charter of demands, but did not alter the VDA rate. The employer unilaterally froze VDA and claimed an …

M.C.MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 1534Disposed off

The Supreme Court entertained a public‑interest writ petition filed by environmental activist M.C. Mehta alleging that emissions from coke/coal‑using industries in the Taj Trapezium Zone (TTZ) were causing severe atmospheric pollution and damaging the Taj Mahal. Expert reports (NEERI, Varadharajan …

STATE OF RAJASTHANversusKUNJI RAMAN

1996 INSC 1502Case 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 …

AIR INDIA STATUTORY CORPORATIONversusUNITED LABOUR UNION AND ORS.

1996 INSC 1442

The Air India Statutory Corporation, originally a statutory authority and later a company, employed union members as contract labour for cleaning and related services. The Central Government, as the appropriate Government under the Contract Labour (Regulation and Abolition) Act, 1970, issued a 1976 …

DISTRICT TRANSPORT MANAGER (ADMN.) O.S.R.T.C., ORISSAversusDILIP KUMAR NAYAK AND ANR.

1996 INSC 1414Disposed off

The respondent, a conductor employed in the Baripada zone of the Orissa State Road Transport Corporation, was dismissed for misconduct while an industrial dispute involving an employee in the Bhadrak zone was pending before the Industrial Tribunal. The respondent sought relief under Section 33(1)(a) …

BHOLA NATH MUKHERJEE AND ORS.versusGOVERNMENT OF WEST BENGAL AND ORS.

1996 INSC 1372Dismissed

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, …

R. THIRUVIRKOLAMversusPRESIDING OFFICER AND ANR.

1996 INSC 1320Dismissed

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 …

STATE OF HARYANAversusDHARAMPAL, WATER PUMP OPERATOR AND ORS.

1996 INSC 1306Appeal(s) allowed

The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be …

RAJ KUMAR GUPTAversusLT. GOVERNOR, DELHI AND ORS.

1996 INSC 1287Appeal(s) allowed

The Lt. Governor of Delhi authorized Raj Kumar Gupta, Patron of a workers' union, to file a complaint under Section 34 of the Industrial Disputes Act, 1947 against the employer for alleged unfair labour practices punishable under Section 25‑U. The employer challenged the order, and the Delhi High …

C.P. AGRAWAL ETC. ETC.versusP.O. LABOUR COURT AND ANR.

1996 INSC 1242Dismissed

The appellants, employees of the Steel Authority of India, claimed they were illegally denied promotion to the post of E‑1 despite their juniors being promoted, alleging a violation of Article 16 of the Constitution and that the promotion rules altered their conditions of service under Section 33‑A …

H.M.T. LTD.versusH.M.T. HEAD OFFICE EMPLOYEES ASSOCIATION AND ORS.

1996 INSC 1252Disposed off

The case concerned five public‑sector undertakings whose workmen had gone on an illegal but justified strike demanding wage parity with BHEL, followed by a lock‑out declared by management. The National Industrial Tribunal awarded the workers 35% of their wages for the strike and lock‑out periods, …

K.C.P. LIMITEDversusTHE PRESIDING OFFICER AND ORS.

1996 INSC 1042Appeal(s) allowed

K.C.P. Ltd. dismissed 29 workmen after disciplinary action during a strike. The recognised trade union (respondent No.2) raised an industrial dispute under Section 2(k) of the Industrial Disputes Act on behalf of all 29 workmen and later entered into a settlement under Section 18(1) offering either …

ALLAHABAD BANKversusSHRI PREM SINGH

1996 INSC 1009Appeal(s) allowed

Allahabad Bank appointed Shri Prem Singh as a temporary cashier for one day at a time through successive letters, each stating that his service would automatically terminate at the end of the day. After four days of such employment (14-17 June 1977), the bank did not offer further work. The …

RASHTRIYA MILL MAZDOOR SANGHversusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 988Dismissed

The appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, …

FERTILIZER CORPORATION OF INDIA LTD. AND ANR.versusSARATCHANDRA RATH AND ORS.

1996 INSC 943Appeal(s) allowed

The case concerned the revision of pay scales and fringe benefits for officers and workmen of Fertilizer Corporation of India Ltd. (FCI). Workmen who were promoted to the lowest officer scale before 1 January 1987 were already officers, whereas those promoted after that date were still workmen at …