Industrial Employment (Standing Orders) Act, 1946

The Supreme Court considered an appeal by Calcutta Electric Supply Corp. Ltd against a High Court order that had upheld a Tribunal’s decision rejecting a workman’s application for interpretation of clause 15 of the company’s Certified Standing Order of 1953. Clause 15 dealt with misconduct involving intoxication and re…

The workmen (appellants) left their original trade union, were falsely accused of assault, arrested and suspended, and a domestic inquiry was initiated under the Model Standing Orders. They obtained a stay of the domestic inquiry from the Labour Court pending the criminal trial, after which the employer reduced their s…

The Regional Provident Fund Commissioner issued a notice under the Employees Provident Fund & Misc. Provisions Act, 1952, claiming that 45 trainees selected for a stipend‑based training programme at a chocolate factory were "employees" liable to contribute to the provident fund. The trainees were paid a monthly allowan…

K. Suri Babu, a helper (workman) employed by Nuclear Fuel Complex, Hyderabad, was alleged to have submitted a forged Class VI certificate and disciplinary action was initiated under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCA Rules). The respondent contended that, as a workman, disc…

The petitioners, who were engineers and other staff employed for the Beas Project, challenged orders of retrenchment, claiming they were employees of the Central Government, governed by the Central Civil Services (Temporary Service) Rules, 1965, and entitled to quasi‑permanent status and transfer to the Bhakra Beas Man…

The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the domestic enquiry, re‑apprec…

Four quarry workers were charged with misconduct for participating in an illegal strike and related acts, and after giving written explanations they were subjected to a departmental inquiry that found them guilty. The General Manager dismissed all four under Standing Order No. 17, which the arbitrator later held requir…

The workmen of Hindustan Lever Ltd. sought confirmation in the higher grades in which they had been acting for more than three months, claiming that they should be made permanent and receive retrospective benefits. The employer contended that the dispute was not an industrial dispute because it related to promotion, a …

The case concerned 464 labourers at the Food Corporation of India's Siliguri depot who were originally employed through a contractor. In 1973 the corporation abolished the contractor and introduced a direct payment system, paying wages directly to the workers via Sardar/Mondal agents. The corporation later, in 1975, re…

Ram Singh, employed by J.K. Cotton & WVG Mills since 1960, tendered a voluntary resignation on 1 November 1970 due to family circumstances, which the employer accepted effective 16 November 1970. After receiving his dues and gratuity, Singh filed an industrial dispute seeking reinstatement, alleging his resignation was…

The appellant, a permanent uncovenanted employee of Tata Iron & Steel Co., rendered 29 years of continuous service and resigned, thereby becoming eligible for retiring gratuity under the 1937 Retiring Gratuity Rules. The company refused payment, invoking Rule 10 which purported to give it absolute discretion to pay or …

The Mineral Exploration Corporation (MECL) employed a large number of workers on so‑called contingent or temporary contracts for projects that lasted many years. The workers, who had served between eight and twenty years, claimed regularisation and regular pay‑scales under the Industrial Disputes Act, 1947. The Industr…

The Bharatiya Kamgar Karmachari Mahasangh (union) represented 169 workmen employed by Jet Airways on fixed‑term contracts who had each completed more than 240 days of service. The union claimed that under the Bombay Model Standing Order the workmen should be deemed permanent, but the airline relied on a 2002 settlement…

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen claimed that, upon succe…

The case concerned whether the 1984 Patankar Award of the Industrial Tribunal, which made permanent those workers who had completed 240 days of continuous service, applied to seasonal employees of the Maharashtra State Cooperative Cotton Growers' Marketing Federation. The Union of seasonal employees claimed that the aw…

K.C. Joshi was appointed as Store Keeper in the Oil and Natural Gas Commission (ONGC) and, after completing his probation, was placed on the regular establishment. He was an active trade‑union worker and, following union actions, his services were terminated on 29 December 1967 with one month’s pay in lieu of notice, t…

The respondent, Zakir Hussain, was appointed as a daily‑wage conductor on a two‑year probation and was terminated for unsatisfactory performance without any enquiry. He appealed to the departmental authority, which dismissed his grievance, and then filed a suit in a civil court seeking a declaration that the terminatio…

Mohan Lal was employed as a salesman by Bharat Electronics Ltd. from 8 December 1973 and his services were terminated on 19 October 1974. The Labour Court held that the termination was a lawful dismissal on probation and not retrenchment. On appeal, the Supreme Court examined whether the termination fell within the def…

The case concerned transfers of workmen between the appellant's two factories in Pune and Sirsi, which were challenged by the trade union on the ground that the standing orders, as amended in 1999, did not permit such transfers. The High Court had held the amendment invalid and declared the transfers illegal, while als…

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 up to three months to…

Gujarat Steel Tubes Ltd. and its workers' union, Gujarat Steel Tubes Mazdoor Sabha, clashed after the company terminated 853 employees during an illegal strike. The dispute was referred to arbitration under Section 10A of the Industrial Disputes Act, 1947, and the arbitrator upheld the dismissals. The union challenged …

The Supreme Court heard a group of public‑interest writ petitions concerning the ineffective implementation of the Vishaka guidelines on sexual harassment at workplaces. The Court examined affidavits from State Governments showing that many had failed to amend the Central Civil Services (Conduct) Rules and the Industri…

Paradeep Phosphates Ltd., a public sector undertaking, raised the retirement age of its employees from 58 to 60 years in 1998 on a government directive to curb losses. When the financial situation did not improve, the government ordered a rollback to 58 years in 2001, and the company withdrew the earlier order in 2002 …

Sudarshan Rajpoot, a driver employed permanently by the Uttar Pradesh State Road Transport Corporation, suffered grievous injuries in a vehicle accident caused by a mechanical defect. The corporation struck his name off the contract roll, alleging negligent driving, and terminated his services without complying with st…

Air India, created under the Air Corporations Act, 1953, had its employees' service conditions governed by the Air India Employees Service Regulations framed under Section 45 of that Act. After the Deputy Chief Labour Commissioner certified the standing orders under the Industrial Employment (Standing Orders) Act, 1946…

Uttam Manohar Nakate, a helper employed by Bharat Forge Co. Ltd., was found sleeping on duty and admitted the misconduct. A domestic enquiry under Standing Order 24(1) of the Industrial Employment (Standing Orders) Act, 1946 found him guilty and dismissed him, noting three prior misconducts with minor punishments. Naka…

The workmen of Bajaj Auto Ltd. alleged that the company employed a rotation system of temporary workers to avoid granting permanency after 240 days of uninterrupted service, invoking Rule 4C of the Model Standing Orders. The Industrial Court found unfair labour practices under Item 6 of Schedule IV of the Maharashtra R…

Kunji Raman and 36 other work‑charged employees of the Mahi Sagar Project filed a writ petition alleging that the Rajasthan Service Rules, 1951 and the Rajasthan Service (Concessions on Project) Rules, 1962/1975 were inapplicable to them, depriving them of house‑rent allowance, project allowance and leave encashment. T…

The Oil and Natural Gas Corporation (ONGC) appointed security workmen through contractors, a cooperative society and later by direct memorandum, without following its recruitment rules. The workmen claimed regularisation after completing more than 240 days of service, alleging an unfair labour practice. The Industrial …

Gurmit Singh was employed as a daily‑wage chowkidar by the Director, Food and Supplies, Punjab from 1 June 1985 until his termination on 25 August 1986 without notice or compensation. He invoked the Industrial Disputes Act, 1947 before the Labour Court, which found he had worked more than 240 days and ordered his reins…

Ram Naresh Tripathi, a workman, was charge‑sheeted for misconduct and sought to be represented at his domestic enquiry by Talraja, an office‑bearer of a Mazdoor Union to which he belonged. The enquiry officer refused, stating that Talraja was not a member of a recognised or unrecognised union operating in the company a…

The Rajasthan State Road Transport Corporation retired Babu Lal Jangir compulsorily in 2002 under its standing orders after a screening committee found his service record unsatisfactory. Jangir challenged the retirement, arguing that the misconduct cited dated from 1978‑1990 was too old and that his more recent record …

The National Council for Cement and Building Materials, a society, was challenged by its employees’ association to prepare certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. The society argued that it was not an “industry” within the meaning of the Industrial Disputes Act, 1947, and …

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 Model Standing Orders p…

The appellants, workmen of the Madhya Pradesh State Road Transport Corporation, were performing duties of higher posts (e.g., Booking Agent acting as Sub‑Depot In‑charge) and sought classification under clause 2(i) and (vi) of the Annexure to the Madhya Pradesh Industrial Employment (Standing Order) Rules, 1963, togeth…

Lakshmi Precision Screws Ltd. terminated the employment of Ram Bahagat under Clause 9(f)(ii) of its Certified Standing Orders after he was absent for ten days without leave. The company sent a notice on 17 October 1990 asking him to report within 48 hours, warning that failure would be deemed disinterest and his name w…

The Supreme Court entertained a class-action writ petition filed by Vishaka and NGOs seeking enforcement of the fundamental rights of working women under Articles 14, 19(1)(g) and 21 of the Constitution, prompted by a gang‑rape incident in Rajasthan. The Court held that sexual harassment of women in the workplace viola…

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

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

Jaswant Singh, an employee of Triveni Engineering, was transferred to another sugar mill and terminated when he did not report to the new location. He claimed to be a "workman" under the U.P. Industrial Disputes Act and challenged the transfer and termination via a writ petition. The High Court dismissed his petition, …

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 until 58. A small g…

The Uttar Pradesh Rajya Sadak Pariyahan Karamchari Union filed an application before the Labour Court under Section 11‑C of the U.P. Industrial Disputes Act, read with Section 13‑A of the Industrial Employment (Standing Orders) Act, seeking a declaration that fifteen contract drivers and conductors be regularised as su…

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 Court held that he h…

D.K. Yadav, a workman of J.M.A. Industries Ltd., was deemed to have abandoned his post after being absent for more than eight days and was terminated under clause 13(2)(iv) of the company's certified standing orders. The employer did not conduct a domestic enquiry nor gave Yadav an opportunity to be heard, and the Labo…

Glaxo Laboratories, a multinational employer, charged a striking worker and his co‑workers with misconduct under clauses 10, 16 and 30 of Standing Order 22, alleging they boarded a company bus and assaulted "loyal" workmen. The worker sought interpretation of the standing order under s.11‑C of the U.P. Industrial Dispu…

The second respondent, a former coolie of the Kanpur Electricity Supply Corporation, was retired on 31 March 1979 upon attaining the age of 58. He claimed the retirement was invalid because the original service conditions, under the Industrial Employment (Standing Orders) Act, 1946, did not prescribe an age of superann…

Shyamal Kumar Lodh, an employee of Vijaya Bank, filed an application before the Labour Court at Dibrugarh for suspension/subsistence allowance under Section 33C(2) of the Industrial Disputes Act, 1947. The bank contended that the Court, constituted by the State Government, lacked jurisdiction because it had not been sp…

Binoy Kumar Chatterjee retired from Jugantar Ltd. upon reaching the superannuation age of 60 on 1 December 1976, received his gratuity and provident fund, and was subsequently offered a fresh twelve‑month contract as Assistant Editor. After the contract ended on 1 December 1977 he claimed that his services had been wro…

Workmen of the Ahmedabad Municipal Corporation were dismissed and filed a civil suit in the City Civil Court challenging the termination. The civil court dismissed the suit for lack of jurisdiction, and the Gujarat High Court affirmed that the dispute falls within the ambit of the Industrial Disputes Act, making civil …

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 termination before t…

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 non‑employment was justified. …

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 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 …

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 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, receiving its salary and o…

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…

Sanjay Jain, a permanent Assistant Aircraft Engineer with Air India, served a five‑year bond and thereafter gave a 30‑day notice of resignation effective 1 October 2006. After the notice period, Air India refused to accept his resignation and demanded he report for duty, withholding his pending dues. The Supreme Court …

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…