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Industrial Employment (Standing Orders) Act, 1946

63 judgments · newest first · showing 1–63

RAGHUNATH SHIVRAM NAIKADEversusPATIL CONSTRUCTION AND INFRACTRUCTURE LTD.

Disposed Off

The petitioner, a senior liaison officer employed by Patil Construction, claimed he was a "workman" under the Industrial Disputes Act, 1947 and was illegally terminated orally on 24 July 2017 without any statutory procedure or domestic inquiry. He alleged that he was paid a reduced salary of …

SANJAY MANYA DONGARKARversusGOKHALE EDUCATION SOCIETY

Allowed

The petitioner, employed as a watchman since 2003, was terminated in 2018 after a long period of continuous service. He challenged the termination, alleging it was arbitrary, constituted an unfair labour practice, and that the employer failed to prove any legal basis such as age limits or vacancy …

ASHIMA SANJEEV MINOCHAversusGUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LIMITED

59-RULE ISSUED & RULE DISCHARGED/DISMISSED@FH

Ashima Sanjeev Minocha, an Assistant Manager at Gujarat Co‑operative Milk Marketing Federation Ltd (GCMMF), alleged that on 28‑05‑2025 she was physically assaulted and her mobile phone forcibly taken by the Managing Director, Mr. Jayen Mehta, and Deputy Manager Ms. Shefali Vijaywargiya. She lodged a …

RAMDAS TUKARAM THITEversusM/S SPM AUTO COMP SYSTEMS PVT. LTD.

Allowed

The petitioner, a final inspector at SPM Auto Comp Systems, was suspended and later dismissed following a domestic enquiry that alleged his involvement in an assault on his superior, based largely on circumstantial evidence such as a telephone call and prior workplace friction. The Labour Court held …

UNION OF INDIA & ORS.versusK. SURI BABU

2023 INSC 1033Dismissed

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 …

BHARATIYA KAMGAR KARMACHARI MAHASANGHversusM/S. JET AIRWAYS LTD

2023 INSC 646Appeal(s) allowed

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 …

PREM SINGHversusSTATE OF UTTAR PRADESH & ORS.

2019 INSC 983Disposed off

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 …

SANJAY JAINversusNATIONAL AVIATION CO. OF INDIA LTD.

2018 INSC 1032Appeal(s) allowed

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 …

PARADEEP PHOSPHATES LIMITEDversusSTATE OF ORISSA & ORS.

2018 INSC 377Dismissed

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 …

ONGC LTD.versusPETROLEUM COAL LABOUR UNION & ORS.

2015 INSC 338Dismissed

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 …

SUDARSHAN RAJPOOTversusU.P. STATE ROAD TRANSPORT CORPORATION

2014 INSC 788Appeal(s) allowed

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 …

RAGHUBIR SINGHversusGENERAL MANAGER, HARYANA ROADWAYS, HISSAR

2014 INSC 592Appeal(s) allowed

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 …

RAJASTHAN STATE ROAD TRANSPORT CORP. & ORS.versusBABU LAL JANGIR

2013 INSC 624Appeal(s) allowed

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 …

MEDHA KOTWAL LELE AND OTHERSversusUNION OF INDIA

2012 INSC 488Disposed off

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) …

TRIVENI ENGINEERING & INDUST. LTD.versusJASWANT SINGH & ANR.

2010 INSC 498Appeal(s) allowed

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 …

VIJAYA BANKversusSHYAMAL KUMAR LODH

2010 INSC 353Dismissed

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 …

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

2009 INSC 14Reference answered

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

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

2008 INSC 1424Case Partly allowed

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

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

2008 INSC 544Dismissed

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

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

2007 INSC 431Appeal(s) allowed

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

PRASAR BHARATIversusAMARJEET SINGH AND ORS.

2007 INSC 95Appeal(s) allowed

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, …

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 250Dismissed

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

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 …

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 …

BHARAT FORGE CO. LTD.versusUTTAM MANOHAR NAKATE

2005 INSC 39Appeal(s) allowed

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 …

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 …

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 …

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 …

M/S. LAKSHMI PRECISION SCREWS LTD.versusRAM BAHAGAT

2002 INSC 334Dismissed

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 …

B.D. SHETTY AND ORS.versusM/S. CEAT LTD. AND ANR.

2001 INSC 537Leave Granted & Allowed

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 …

DWARKA PRASAD TIWARIversusM.P. STATE ROAD TRANSPORT CORPORATION AND ANR.

2001 INSC 442Dismissed

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) …

CALCUTTA ELECTRIC SUPPLY CORPN. LTD.versusSHEW KR. SINGH AND ORS.

2000 INSC 556Dismissed

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 …

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 …

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 …

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 …

VISHAKA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1997 INSC 604Disposed off

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 …

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 …

NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALSversusSTATE OF HARYANA AND OTHERS

1996 INSC 257Dismissed

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 …

AIR INDIAversusUNION OF INDIA AND OTHERS

1995 INSC 402Dismissed

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 …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR. ETC.versusKRISHNA KANT ETC. ETC.

1995 INSC 335Appeal(s) allowed

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 …

MAHARASHTRA STATE COOPERATIVE COTTAN GROWERS' MARKETING FEDERATION LTD. AND ANR.versusMAHARASHTRA STATE COOPERATIVE COTTON GROWERS' MARKETING FEDERATION EMPLOYEES UNION AND ANR.

1994 INSC 23

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 …

D.K. YADAVversusJ.M.A. INDUSTRIES LTD.

1993 INSC 185Appeal(s) allowed

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 …

CRESCENT DYES AND CHEMICALS LTD.versusRAM NARESH TRIPATHI

1992 INSC 343Appeal(s) allowed

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 …

STATE OF TAMIL NADU AND ORS.versusNALLAI COTTON MILLS LTD. AND ORS.

1990 INSC 96Dismissed

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 …

JITENDRA NATH BISWASversusEMPIRE OF INDIA & CEYLONE TEA CO. & ANR.

1989 INSC 221Dismissed

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 …

K.C. JOSHIversusUNION OF INDIA AND ORS.

1985 INSC 98Appeal(s) allowed

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 …

WORKMEN OF THE FOOD CORPORATION OF INDIAversusM/S. FOOD CORPORATION OF INDIA

1985 INSC 40Appeal(s) allowed

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 …

WORKMEN EMPLOYED BY HINDUSTAN LEVER LTD.versusHINDUSTAN LEVER LIMITED

1984 INSC 160Appeal(s) allowed

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 …

ASSOCIATED CEMENT COMPANIES LTD. ETC.versusT.C. SHRIVASTAVA & ORS.

1984 INSC 73Disposed off

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 …

SUDHIR CHANDRA SARKARversusTATA IRON & STEEL CO. LTD. AND OTHERS.

1984 INSC 69Appeal(s) allowed

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 …

GLAXO LABORATORIESversusTHE PRESIDING OFFICER, LABOUR COURT MEERUT & ORS.

1983 INSC 141Dismissed

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 …

BINOY KUMAR CHATTERJEEversusM/S JUGANTAR LTD. AND OTHERS

1983 INSC 33Dismissed

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 …

MOHAN LALversusMANAGEMENT OF M/S BHARAT ELECTRONICS LTD.

1981 INSC 97Appeal(s) allowed

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 …

GUJARAT STEEL TUBES LTD.versusGUJARAT STEEL TUBES MAZDOOR SABHA

1979 INSC 244Dismissed

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. …

JASWANT SINGH & ORS. ETC.versusUNION OF INDIA AND ORS. ETC.

1979 INSC 162Dismissed

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 …