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44 judgments · newest first · showing 1–44
The petitioner, an employee of Kinetic Engineering Ltd., was suspended from June 2017 to December 2018 and sought a subsistence allowance of Rs.3,75,000 under Section 33(c)(2) of the Industrial Disputes Act. During cross‑examination, he gave an answer based on a mistaken belief that the questioned …
The petitioners filed a Special Civil Application to set aside a Labour Court award dated 28‑08‑2024 that held a workman to be a permanent employee and declared his oral termination illegal. The petitioners argued that the workman was a daily‑wager, had not worked 240 days each year for five years, …
The petitioner, a former peon of Shri Sadguru Jangli Maharaj Bank, claimed unfair labour practice and was granted permanency in 2001. He was terminated in 1999 and later sought reinstatement with back wages, but the Labour Court ordered reinstatement without back wages or, alternatively, …
The Municipal Corporation of Greater Mumbai (MCGM) challenged an Industrial Court order that partially allowed a complaint by senior audit employee Sudha Ramesh Shelar, while Shelar sought relief from a compulsory retirement notice issued when she turned 55. The employee had been promoted in 2010 …
The applicants filed a petition under Section 482 of the CrPC seeking to quash a summoning order dated 24‑04‑2023 issued by the Civil Judge (Sr. Div.) in a complaint alleging criminal breach of trust under Section 406 IPC for alleged non‑payment of earned wages and leave. The opposite party claimed …
The petitioner, a driver employed by the respondent corporation, was terminated after allegedly consuming liquor while on duty, an incident that also led to a criminal case under the Prohibition Act, from which he was acquitted. The employee claimed the termination was effected without a proper …
The petitioner, a driver employed by the respondent corporation, was terminated after allegedly consuming liquor while on duty, an incident that also led to a criminal case under the Prohibition Act, from which he was acquitted. The employee claimed the termination was effected without a proper …
The State of Gujarat filed a special civil application under Articles 226 and 227 of the Constitution challenging a Labour Court award dated 7 October 2023 that ordered reinstatement with 50% backwages for a watchman dismissed arbitrarily in 2015. The petitioner argued that the employee had not …
The petitioner, Gujarat Pipavav Port Ltd., terminated the respondent, Rajeshbhai Mehta, following a departmental inquiry that found several charges proved. The respondent challenged the termination before the Labour Court, which later held the inquiry illegal, violated natural justice, and ordered …
The Factory Manager of Raghuveer Synthetics Ltd filed two Special Civil Applications under Articles 226 and 227 of the Constitution, invoking Section 33(c)(2) of the Industrial Disputes Act and Section 7 of the Payment of Gratuity Act respectively, to challenge a Labour Court order dated 01‑09‑2021 …
Kirloskar Brothers Ltd., the principal employer, appealed against orders that reinstated six contract labourers (Ramcharan & others) and directed Kirloskar to absorb them as employees. The labour contract with the contractor (respondent No.7) had ended and the contractor dismissed the workers. The …
The private unaided minority school St. Mary's Education Society terminated the services of its non‑teaching employee, Rajendra Prasad Bhargava, after a disciplinary enquiry. Bhargava filed a writ petition under Article 226 of the Constitution seeking to set aside the termination and the …
Gowramma C, a staff nurse employed by Hindustan Aeronautical Ltd., was dismissed after a Tahasildar declared her caste certificate false, leading to loss of employment. The High Court initially upheld the dismissal, but a Division Bench later held the Tahasildar incompetent and directed verification …
The respondent was appointed as Veterinary Compounder in the Central Cattle Breeding Farms in 1999 by the then Director In‑charge without obtaining prior written approval of the competent authority as required by the Central Cattle Breeding Farms (Class III and IV) Recruitment Rules, 1969. The …
The employee, Chhota Birsa Uranw, joined Bharat Coking Coal Ltd. in 1973 with a date of birth recorded as 15‑Feb‑1947. He later discovered that his school leaving certificate and Mining Sardarship certificate recorded his birth as 6‑Feb‑1950 and sought correction under Implementation Instruction No. …
The Transport & Dock Workers Union and two typist‑cum‑computer clerks challenged the Mumbai Port Trust’s policy of fixing longer daily working hours for clerks appointed after 1‑Nov‑1996, alleging discrimination and violation of Article 14 of the Constitution. The Trust argued that the differential …
The respondent, a UCO Bank officer, was asked to show cause for disciplinary action just before his superannuation and a disciplinary proceeding was said to be initiated, but a charge sheet was only issued two years later. The bank dismissed him and the respondent challenged the dismissal. The …
The Supreme Court examined a dispute over the special allowance payable to "cashier in charge of cash" in Regional Rural Banks (RRBs). The National Industrial Tribunal had awarded parity with sponsor banks but did not base its decision on functional equivalence or the doctrine of equal pay for equal …
The case concerned daily‑rated (casual) workers at Marathwada Agricultural University who claimed that, because their qualifications, duties and responsibilities were identical to those of permanent staff, they were entitled to the same wages. The Bombay High Court held that the university was …
The Central Bank of India had advanced a loan to Siriguppa Sugars & Chemicals Ltd. secured by a pledge of the company's sugar stock. The company defaulted, and the Recovery Authority seized the pledged sugar without the bank's consent, leading to its sale. The High Court, pending a writ appeal, …
The Supreme Court examined whether Prasar Bharati could transfer staff originally appointed by Doordarshan and Akashvani despite the absence of a formal deputation order under the Prasar Bharati Act, 1990. The Court observed that the employees had been working under the Corporation’s control, …
Jasbir Singh, a peon employed by Punjab & Sind Bank, was accused of embezzling Rs 25,000, forging a depositor's signature and tampering with bank records. He faced a criminal trial under IPC §§ 409 and 201 and was acquitted, and a civil recovery suit filed by the bank was also decided in his favour, …
The widow of a deceased casual labourer filed a claim for family pension, arguing that her husband should be deemed regularized on the date of his death. The Central Administrative Tribunal (CAT) held that despite his temporary status under the Casual Labourers (Grant of Temporary Status and …
The respondent, a clerk‑cum‑typist of State Bank of India, was caught copying in a bank‑conducted examination and subsequently lodged complaints against the senior officer who acted as invigilator. The bank discharged him on grounds of misconduct and prejudice to the bank's interests, a decision …
The Karnataka State Road Transport Corporation (KSRTC) appointed the respondents as Badli conductors, a day‑to‑day temporary position governed by the KSRTC Cadre and Recruitment Regulations, 1982. After repeated misconduct, the corporation terminated their services, removed them from the select list …
The petitioners, officers of the sick public sector undertakings Fertilizer Corporation of India (FCI) and Hindustan Fertilizer Corporation (HFC), challenged two Government memoranda that denied pay‑scale revision for employees of units referred to BIFR and that provided no budgetary support for …
The Supreme Court considered appeals by the State Bank of India challenging a High Court order that set aside a staff circular which barred the bank from dealing with a non‑recognised officers' association. The petitioners argued that the circular violated Rule 24 of the Verification of Membership …
Mysore Paper Mills Ltd., a government company incorporated under the Companies Act, transferred a senior employee to Calcutta. The employee challenged the transfer as being vitiated by malafides and argued that the company was not a "State" within Article 12, thus the writ petition was not …
The Union of India sold a 51% stake in Bharat Aluminium Company Ltd (BALCO), a public sector undertaking, to Sterlite Industries, prompting challenges by the BALCO Employees Union, the State of Madhya Pradesh, and a public‑interest litigant. The petitioners argued that the disinvestment violated …
The Rajasthan Government created District Rural Development Agencies (DRDAs) as societies funded entirely by the State to implement various poverty‑alleviation schemes. Employees, including Class‑III and Class‑IV staff, were appointed on temporary six‑month contracts under the State Rural …
The Hydro‑Electric Employees Union and other petitioners challenged the U.P. State Electricity Board’s decision to amalgamate the posts of Meter Readers, Sub‑Station Operators and Switch Board Attendants into a single cadre and the regulation framed under Section 79(c) of the Electricity Supply Act, …
The Ahmedabad Municipal Corporation regularly engaged Dr. V. K. Jayantibhai Patel on a daily fee basis to cover for its dental surgeons on leave. When permanent dental surgeon posts were advertised, Patel applied but was not selected, and he claimed permanent status based on 1,034 days of service, …
Six lab assistants employed on daily wages at a private college filed a writ petition under Article 226 seeking equal pay with government employees, invoking Article 39(d) and executive instructions. The High Court dismissed the petition, and the matter reached the Supreme Court on appeal. The Court …
J.K. Synthetics Ltd filed a refund claim that was rejected, appealed and the appeal was allowed by the Collector (Customs). The Collector of Central Excise then appealed before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT). At the hearing on 31 August 1987 the appellant was …
The SCINDIA Employees Union challenged the acquisition of land on which its workshop stood, arguing that the acquisition for the expansion of a dockyard for defence purposes was not a public purpose and that the Union was a "person interested" under Section 3(d) of the Land Acquisition Act, 1894, …
The Uttar Pradesh Avas Evam Vikas Parishad issued a notification under Section 28 of the 1965 Adhiniyam on 7 June 1982 and later obtained Government approval on 24 August 1982, followed by a declaration under Section 32 on 28 February 1987. Friends Cooperative Housing Society filed a writ petition …
The petitioners were drivers in Haryana Roadways who were retired after being declared medically unfit for heavy‑vehicle driving due to eyesight defects. They sought a writ directing the State to appoint one of their sons to a suitable post. The High Court granted the writ, but the State appealed, …
The petitioners, contract labourers employed through various contractors at SAIL's Rourkela plant for 10‑20 years, filed a writ petition under Article 32 seeking parity in pay and absorption as regular employees, alleging that the contractor arrangement was a camouflage to deny them rights. The …
The petition challenged the appointment of K.N. Srivastava as a Judge of the Gauhati High Court on the ground that he did not satisfy the qualifications under Article 217(2) of the Constitution. The Court examined the meaning of "judicial office" and held that it must be an office within the …
The petitioners, an employee of a private‑sector firm and a trade union, challenged the constitutional validity of clause 10‑C inserted by the Finance Act, 1987 into section 10 of the Income‑Tax Act, 1961, which grants tax exemption on voluntary‑retirement payments only to employees of public‑sector …
The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 provided that workmen with 480 days of continuous service in 24 months become permanent. The Madras High Court struck down the part of Section 3(2) that allowed a period of non‑employment or discharge of …
The petitioners, about 300 catering cleaners employed by contractors on the Southern Railway, alleged that they were paid meagre wages and denied statutory benefits, and sought a writ of mandamus under Article 32 to compel the abolition of the contract‑labour system and their regularisation as …
Som Prakash Rekhi, a clerk of Burmah Shell Oil Storage Ltd., retired with a pension of Rs.165.99 per month under a 1950 trust deed and was also covered by the Employees Provident Fund Act, 1952 and the Payment of Gratuity Act, 1972. The employer deducted amounts for PF contributions and gratuity, …
In 1966 the Jorehaut Tea Co. Ltd. retrenched 23 workmen; 16 received compensation calculated under s.25F of the Industrial Disputes Act and were selected according to the 'last come, first go' rule of s.25G, while the remaining seven were dismissed out of turn. The Industrial Tribunal upheld the …
