Industrial Disputes Act, 1947

The Supreme Court dismissed ONGC's appeal against the Bombay High Court's order upholding the Central Government Industrial Tribunal's findings. The dispute concerned whether contract workmen engaged through contractors were employees of ONGC and thus entitled to pay parity, and whether a settlement dated 19 September …

The appellant, VAZIR GLASS WORKS Ltd., sought closure of its loss‑making factory under s.25‑0(1) of the Industrial Disputes Act, 1947, but the Maharashtra Government rejected the application on 12‑Oct‑1992. The company filed a review application under s.25‑0(5) within the one‑year period, which remained pending when th…

The appellant, a workman, was dismissed for misconduct and the employer sought approval of the dismissal under Section 6E(2) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires that the workman be paid wages for one month before dismissal. The appellant claimed that his monthly wages of Rs.1,214.40 were …

Manju Saxena, a senior confidential secretary of HSBC Bank, was terminated after her post became redundant and she refused four alternate positions offered at the same pay scale, as well as a severance package. She raised an industrial dispute seeking an enhanced severance package, but the Central Government Industrial…

The respondent, a daily‑wage conductor, was employed by Bhavnagar Municipal Corporation from 3 October 1987 to 31 March 1989 and was terminated without payment of retrenchment compensation. The Labour Court held the termination illegal, ordering reinstatement with 65% back wages; the Gujarat High Court set aside the ba…

The Supreme Court dealt with the sale of immovable property of Jay Electric Wire Corporation Ltd., a company under liquidation, which had been sold to the appellants for Rs. 2.50 crore in 2006. Secured creditors and the workmen's union challenged the sale, alleging procedural irregularities, unfair price, and the limit…

Kuldeep Singh, a data entry operator, was terminated by the Instrument Design Development and Facilities Centre without complying with the notice and compensation requirements of Section 25F of the Industrial Disputes Act, 1947. He made numerous representations to various government officials, after which the Haryana G…

The respondent, an accountant employed by M/s Reetu Marbles, was terminated on 11 June 1987. The Labour Court held the termination illegal, ordered reinstatement but denied any back wages, noting the respondent failed to prove he was unemployed during the 15‑year gap before the award. The Allahabad High Court modified …

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 stopped increments, …

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 Government Industrial Tri…

Wellman (India) Pvt. Ltd. entered into a settlement with its workers' union in 1966 that created an attendance bonus scheme, which became an express term of the employment contract. The company sought a declaration from the Employees' Insurance Court that the Employees' State Insurance Corporation (ESIC) could not dema…

The Rashtriya Colliery Mazdoor Sangh, representing 14 workmen of BCCL's Balihari Colliery, obtained a 1996 Industrial Tribunal award directing their regularisation without back wages. The Jharkhand High Court in 2004 modified the award, stipulating that the employer must give preference to these workmen when hiring reg…

The appellants were officers of Canara Bank who resigned between 1986 and June 1993, i.e., before the statutory settlement dated 29‑Oct‑1993 and the Canara Bank Employees' Pension Regulations, 1995 came into force. They claimed entitlement to a pension in lieu of the Contributory Providable Fund, relying on the pension…

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 Industrial Disputes Act, 1947…

Raghuvir Singh, a conductor with Haryana Roadways, was arrested in 1994 on a criminal charge of ticket‑money misappropriation and was terminated from service without a proper enquiry or show‑cause notice. After being acquitted in 2002, he sought reinstatement; the dispute was referred by the State Government to the Lab…

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, 19(1)(c) and 21 of th…

The Krishna District Co‑operative Marketing Society (the petitioner) retrenched nine clerks, invoking the Andhra Pradesh Shops and Establishments Act, 1966. The employees (respondents) challenged the terminations, arguing that the retrenchment provisions of the Industrial Disputes Act, 1947 (particularly s.25F) applied…

The Central Government Industrial Tribunal awarded reinstatement, regularisation and 75% back wages to 21 casual workers of the Food Corporation of India (FCI) whose retrenchment was held void. The management of FCI filed a writ petition challenging the award, obtained a conditional stay, but nevertheless reinstated an…

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 preceding termination res…

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 the 240‑day requiremen…

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 cessation of employment) and…

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 Punjab and Haryana High…

The employees of Rajasthan State Road Transport Corporation were dismissed after disciplinary inquiries conducted under certified Standing Orders. They filed civil suits seeking declaration that the dismissals were illegal and that they be reinstated with benefits. The corporation contended that the Civil Court lacked …

The Karnataka State Financial Corporation (KSFC) sold the lease‑hold rights of the closed industrial concern Mysore Panel and Boards Pvt Ltd, whose 83 workmen had earlier been awarded statutory dues of Rs 29,17,062 by courts under Section 33‑C of the Industrial Disputes Act and the Payment of Gratuity Act. The workmen’…

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 unsatisfactory show‑cause…

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 misconduct. The responde…

The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the Trade Unions Act, 1926 …

The S.G. Chemicals and Dyes Trading Employees' Union challenged the closure of the company’s Churchgate marketing and sales division, arguing that the closure violated section 25‑0 of the Industrial Disputes Act and amounted to an unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trad…

Ram Niwas Bansal, a bank officer, was charged with financial irregularities and dismissed on 23 April 1985. The High Court set aside the dismissal, directing reinstatement only to enable a fresh enquiry because the enquiry report had not been furnished, and ordered back‑wages until the earlier of superannuation or fina…

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 Karnataka High Court under s…

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 contended that a one‑mo…

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 limitation perio…

The appellant, a daily‑wage workman, was terminated in 1999 after being implicated in a criminal case, later acquitted, and filed an industrial dispute alleging violation of Section 25(f) of the Industrial Disputes Act, 1947. The Labour Court ordered his reinstatement with 50% back wages. The State of Haryana filed a w…

The Karnataka Government ran a Secretariat canteen through a committee and appointed workers on an ad‑hoc basis. The workers claimed they were state employees entitled to regularisation and pay parity with government staff. The Karnataka High Court, treating the canteen as a Government Hospitality Organisation, ordered…

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, denied reinstatement bec…

The petitioners, casual labourers employed for 10-16 years in the Northern Railway's construction department, filed writ petitions alleging they were denied temporary status, equal pay, and regularisation despite continuous service. The respondents contended that some petitioners had already been empanelled or given te…

Madura Coats Ltd., an industrial establishment in Tamil Nadu, faced a strike by its workmen from 21 January to 5 February 1976 over a bonus dispute. The strike included 26 January, a national holiday, for which the employer withheld wages. The Inspector of Factories ordered payment of wages for that day under the Tamil…

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 under Sections 25‑B and …

Ranbir Singh, a daily‑wage worker employed by the Executive Engineering Public Works Department, was terminated in 1991 without the notice and retrenchment compensation mandated by Section 25F of the Industrial Disputes Act, 1947. The Labour Court held the termination illegal and ordered his reinstatement with back wag…

Prem Singh, a welder, worked for about 37 years in a work‑charged establishment of the Uttar Pradesh government and was later regularised before superannuation. He claimed that the period spent in the work‑charged establishment should be counted as qualifying service for pension under the Uttar Pradesh Retirement Benef…

The appellant, S.K. Verma, a Development Officer in the Life Insurance Corporation of India, was dismissed and the dispute was referred to an Industrial Tribunal. The Tribunal held that Development Officers were not "workmen" under s.2(s) of the Industrial Disputes Act, 1947, rendering the reference non‑maintainable. V…

The respondent, a former agricultural assistant of the Central Bank of India, was dismissed in 1982 on charges of impersonating his brother in a recruitment test. An industrial tribunal in 2008 held the dismissal unjustified and ordered reinstatement without back wages. The respondent filed a 2009 writ petition challen…

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 she had indeed comp…

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 reinstatement with back wages…

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 with full back wages. T…

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 reinstatement with back w…

ELD Parry (India) Ltd. retired several employees who claimed a pension (retiring allowance) under General Office Order No. 26, 1943. The 1956 settlement between the company and the employees' union allowed workers to choose either gratuity or, in lieu of gratuity, a retiring allowance, but did not expressly abolish the…

Vijay Kumar Handa, a clerk of UCO Bank, was charged with gross misconduct and dismissed from service in 1999. The appellate authority modified the penalty to removal from service with entitlement to terminal benefits, stating that removal would not disqualify future employment. The bank later challenged the award of th…

The respondent, A.S. Raghavendra, was appointed by Bharti Airtel Limited as Regional Business Head (South) in the grade of Senior Manager (B2)‑Sales with a salary of Rs.22 lakh per annum and supervised four Account Managers. After resigning in 2011, he claimed his resignation was forced and filed a petition before the …

The respondent, a piece‑rated mazdoor, initially declared his date of birth as 27‑12‑1948 when he joined Barsua Iron Ore Mines in 1972, enabling him to meet the statutory minimum age of 18. In 1982 he altered his recorded birth date to 12‑03‑1955 without documentary proof, and only in 1998 submitted a school transfer c…

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 of discharge was disp…

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 that the Working Jour…

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 factory, however, rema…

The appellants, former contract workers of the Sudamdih Coal Washery project, sought to be absorbed as regular employees of Bharat Coking Coal Ltd (BCCL) and to receive retrenchment compensation. The Central Government referred their grievance to an Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1…

The case concerned several Extra‑Departmental Agents (EDAs) of the Postal Department who were terminated without notice. The appellants argued that EDAs are appointed under specific service rules and are not permanent employees, therefore the Postal Department is not an "industry" and the agents are not "workmen" under…

The respondent, Pratap Singh, worked as a peon for the Barara Cooperative Marketing‑cum‑Processing Society Ltd from 1973 until his termination in 1985. The Labour Court held the termination illegal and awarded him a lump‑sum compensation of Rs.12,500 in lieu of reinstatement, which he accepted. In 1993 he sought re‑emp…

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 ordered reinstatement wi…

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 received the benefits. Th…

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 Court held the termin…

The appellant, an Income Tax Officer, was investigated by the CBI and found to hold assets disproportionate to his known income. Although the evidence was insufficient for criminal prosecution under Section 5(1)(e) of the Prevention of Corruption Act, 1947, a departmental inquiry proved the misconduct and dismissed him…

Manganese Ore (India) Ltd. paid its mine workers a cash wage, an attendance bonus and supplied grain at concessional rates. The workers claimed that the cash value of the grain concession and the attendance bonus were being deducted from their statutory minimum wages fixed by a government notification, and filed applic…

The Karnataka State Road Transport Corporation terminated several probationary employees for unsatisfactory service, both during the initial and extended probation periods. The employees challenged the dismissals, arguing that the terminations did not constitute retrenchment and therefore were not subject to the proced…

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, arguing that reinsta…

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 Adviser for registra…

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, failing which she wou…

Jitendra Nath Biswas, an employee of Empire of India & Ceylon Tea Co., was dismissed after a domestic enquiry for alleged misconduct. He filed a civil suit in the Munsiff Court seeking reinstatement, back wages and an injunction against the dismissal. The respondents contended that such relief was exclusively available…

The mill of Prakash Cotton Mills was forced to shut from 24 March to 10 June 1964 because essential raw materials were detained by excise authorities. The Rashtriya Mazdoor Sangh sought closure compensation for regular employees and Badli (casual) workers. The Labour Court ordered compensation at 50% of wages; the Indu…

The case concerned a workman who was dismissed by the Nava Naroda Gram Panchayat and later entered into a compromise with the Sarpanch for reinstatement and back wages. The Labour Court upheld the compromise, but the Gram Panchayat and Ahmedabad Municipal Corporation challenged its validity, arguing that the Sarpanch l…

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 employer's writ petit…

The HAL Employees Union appealed against a lock-out imposed by the employer from 4/5 June 1978 to 18 June 1978, during which wages were deducted. The Industrial Tribunal had held the lock-out to be both legal and justified, and therefore no wage claim arose. The appellant argued that the strike preceding the lock-out w…

The Worth Trust, a charitable organization that also runs commercial factories, was challenged by its workers' union for payment of bonus and ex-gratia for the year 1996-97. The union argued that the workers, employed in the Trust's factories, fall within the definition of "workmen" under the Factories Act and are ther…

The Federation of Bank of India Staff Unions and an employee sought to have three workmen nominated as directors of the Bank of India under the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970. The Central Government rejected the panel because the candidates had less than three years of service…

The Food Corporation of India (FCI) employs contract labour through contractors. Contract labourers, organized by the Food Corporation of India Workers' Union, filed a writ petition under Article 32 seeking departmentalisation or, alternatively, the extension of benefits under the Contract Labour (Regulation and Abolit…

The workman, a senior dumper operator at West Bokaro Colliery of M/s TISCO Ltd., was charged with leaving work without permission and exhibiting indecent, riotous and disorderly behaviour after assaulting a security officer. A domestic inquiry found the charges proved beyond reasonable doubt and recommended dismissal, …

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, 1947. The Labour Court,…

The transport wing of Tirupati Tirumala Devasthanam (TTD) was transferred to the Andhra Pradesh State Road Transport Corporation (APSRTC) in 1975. Some of the 850 transferred workmen opted to be governed by APSRTC’s rules, while others did not. The workers’ union claimed that, under Clause 13 of the transfer agreement,…

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 undertaking, and provided…