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Legislation

Payment of Wages Act, 1936

28 Supreme Court judgments cite this Act.

THE BANGALORE TURF CLUB LTD.versusREGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION

2014 INSC 98631 July 2014Disposed off

The Supreme Court examined whether race clubs such as the Bangalore Turf Club and the Royal Western India Turf Club, as well as a chit fund, fall within the definition of "shop" under the Employees' State Insurance Act, 1948 (ESI Act) and the related notifications. The Court held that a race club is an "establishment"

AJAY MALIKversusSTATE OF UTTARAKHAND & ANR.

2025 INSC 11829 January 2025Appeal(s) allowed

The case arose from FIR No. 60/2017 alleging wrongful confinement, trafficking and conspiracy against Ajay Malik for employing a tribal domestic worker. Malik sought quashing of the criminal proceedings and compounding of the offences, supported by a no‑objection affidavit from the complainant, while the State opposed

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

2003 INSC 56928 October 2003Dismissed

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 Disputes Act, 1947. Th

M/S. HAMDARD (WAKF) LABORATORIESversusDEPUTY LABOUR COMMR. AND ORS.

2007 INSC 48727 April 2007Appeal(s) allowed

The employer, Mis. Hamdard (Wakf) Laboratories, terminated 37 workmen alleging an illegal strike, leading to an industrial dispute and an award reinstating 17 workers with 50% back‑wages. The workmen later filed applications under Section 6‑H(l) of the U.P. Industrial Disputes Act seeking bonus, which the Labour Commis

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

2005 INSC 44526 September 2005Appeal(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 incorporate the "occupi

BAKSHI SECURITY AND PERSONNEL SERVICES PVT. LTDversusDEVKISHAN COMPUTED PVT. LTD. AND ORS.

2016 INSC 55926 July 2016Appeal(s) allowed

The Gujarat Transport Department floated a tender for manpower services with conditions that the salary paid must not be less than the minimum wage and that bids must be fixed, not open‑ended. Three bidders qualified; the Technical Evaluation Committee fixed a minimum‑wage figure of Rs 3,00,92,346, rendering the bids o

L.I.C. OF INDIAversusANWAR KHAN (SINCE DECEASED) THROUGH LRS.

2007 INSC 44923 April 2007Case Allowed

The Life Insurance Corporation of India (LIC) fixed the retirement age of its field officers at 58 years, but Anwar Khan (deceased) sued for a declaration that the applicable agreement made the retirement age 60 years; the suit was decreed in his favour while a second appeal was pending. During the pendency, Khan filed

BALMER LAWRIE WORKERS' UNION, BOMBAY AND ANR.versusBALMER LAWRIE AND CO. LTD. AND ORS.

1984 INSC 24121 December 1984Dismissed

The Supreme Court examined a challenge by the Balmer Lawrie Workers Union (a non‑recognised union) to the constitutional validity of Section 20(2)(b) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and to Clause 17 of a settlement that required a 15 % deduction from ar

CIPLA LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.

2001 INSC 10021 February 2001

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 Act, alleging unfair

KRISHAN PRASAD GUPTAversusCONTROLLER, PRINTING AND STATIONERY

1995 INSC 63318 October 1995Appeal(s) allowed

Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central Administrative Tribunal

BHUWALKA STEEL INDUS. LTD.versusBOMBAY IRON & STEEL LABOUR BO. & ANR.

2009 INSC 131817 December 2009Dismissed

The Supreme Court examined the meaning of "unprotected worker" under Section 2(11) of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. The petitioners argued that the term should be limited to casual workers not covered by other labour statutes, relying on earlie

BANDHUA MUKTI MORCHAversusUNION OF INDIA & OTHERS

1983 INSC 20316 December 1983Disposed off

The petition, filed by a social welfare organisation, alleged that thousands of migrant workers in stone quarries and crushers in Faridabad were subjected to inhuman conditions, forced labour and bondage, violating their fundamental rights under Articles 21 and 23 of the Constitution. The Court treated the letter addre

DIVISIONAL PERSONNEL OFFICER, WESTERN RAILWAY, KOTAversusSUNDAR DASS

1981 INSC 18016 October 1981Appeal(s) allowed

Sundar Dass, a former railway clerk, was suspended on 17 February 1949 after it was discovered that he had concealed a prior discharge from railway service in 1944. He was dismissed on 14 May 1949, but the Rajasthan High Court later set aside that dismissal on grounds of natural justice, directing fresh disciplinary pr

M/S. CREATIVE GARMENTS LTDversusKASHIRAM VERMA

2023 INSC 24316 March 2023Appeal(s) allowed

The employer, M/s. Creative Garments Ltd., appealed against a Labour Court award that reinstated employee Kashiram Verma with back wages. The employee never reported for duty despite multiple communications, and his permanent address was never furnished; only a "care of Union" address was provided. The Supreme Court fo

MODI INDUSTRIES LTD.versusSTATE OF UTTAR PRADESH AND ORS.

1993 INSC 33514 October 1993Appeal(s) allowed

Modi Industries Ltd. (the appellant) operated a manufacturing unit where a dispute between management and trade unions led to a halt in production from 21 December 1990 to 3 March 1991. The company refused to pay wages for this period, prompting the Additional Labour Commissioner to issue a notice under Section 3 of th

DR. BALIRAM WAMAN HIRAYversusJUSTICE B. LENTIN AND OTHERS

1988 INSC 27212 September 1988Case Allowed

The State of Maharashtra appointed Justice B. Lentin as a one‑man Commission of Inquiry to investigate the death of 14 patients at J.J. Hospital. The Commission found the appellant, Dr. Baliram Waman Hiray, gave contradictory evidence and issued a show‑cause notice for perjury under s.193 IPC read with s.340 CrPC, dire

FICUS PAX PRIVATE LTD. & ORS.versusUNION OF INDIA & ORS.

2020 INSC 42512 June 2020Directions issued

The Supreme Court examined challenges by private employers, including Ficus Pax Private Ltd., to central and state orders issued under the Disaster Management Act, 2005 that compelled private establishments to pay full wages to all workers during the COVID‑19 lockdown. The petitioners argued that the orders were ultra‑

DUSHYANT JANBANDHUversusM/S HYUNDAI AUTOEVER INDIA PVT. LTD.

2024 INSC 96611 December 2024Appeal(s) allowed

The appellant, an assistant manager, was terminated by the respondent employer alleging absenteeism, after a show‑cause notice and disciplinary inquiry. The appellant filed a petition under Section 15(2) of the Payment of Wages Act for unpaid wages and later approached the Industrial Tribunal under Section 2(A) of the

UNION OF INDIAversusSH. PUNNILAL AND ORS.

1996 INSC 119911 October 1996Appeal(s) allowed

Sh. Punnilal filed a civil suit seeking promotion from shunter to Driver 'C' and obtained a decree in 1984, which was confirmed and led to his promotion in 1986. He then applied under Section 15 of the Payment of Wages Act for back‑wages, and the prescribed authority ordered payment of Rs. 30,220. The Union of India ap

HOTEL AND RESTAURANT KARAMCHARI SANGHversusM/S. GULMARG HOTEL AND ORS.

2006 INSC 3698 June 2006Appeal(s) allowed

The Hotel and Restaurant Karamchari Sangh filed a complaint under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 seeking recovery of wages exceeding Rs 60,000 from Gulmarg Hotel. The employer later paid part of the amount, reducing the outstanding sum to below Rs 50,000 and argued that the Labou

STEEL AUTHORITY OF INDIA LTD. & ANR.versusJAGGU & ORS. ETC.

2019 INSC 7275 July 2019Disposed off

The case concerned 2,040 contract labourers employed in SAIL's captive limestone mine who, after a 1993 prohibition on contract labour under the CLRA Act, continued to work and claimed parity of wages with regular SAIL employees under the NJCS memorandum. The respondents sought relief under Section 20(1) of the Minimum

BANK OF INDIAversusT.S. KELAWALA AND ORS.

1990 INSC 1924 May 1990Appeal(s) allowed

The Supreme Court considered two appeals involving Bank of India and a private company concerning wage deductions during industrial actions. In the first appeal, employees participated in a four‑hour strike covering crucial banking hours; the Bank had issued a circular stating that participants would forfeit the full d

JAYA BISWAL & ORS.versusBRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE

2016 INSC 1374 February 2016Appeal(s) allowed

The appellant family filed a claim for compensation after their 26‑year‑old son, a truck driver, died in an accident that occurred while he was attempting to stop an unmanned vehicle during the course of his employment. The Employees' Compensation Commissioner awarded Rs 10,75,253 with interest, but the High Court redu

HINDUSTAN STEELWORKS CONSTRUCTION LTD.versusTHE COMMISSIONER OF LABOUR AND ORS.

1996 INSC 9873 September 1996Appeal(s) allowed

Hindustan Steelworks Construction Ltd., a government company registered as a principal employer under the Contract Labour (Regulation and Abolition) Act, 1970, engaged M/s Investigation and Security Services India Pvt. Ltd. as a licensed contractor to supply security staff. The contractor paid the workers lower wages t

SUKHDARSHAN SINGHversusTHE STATE OF PUNJAB & ORS.

2022 INSC 2573 March 2022Disposed off

Sukhdarshan Singh, a clerk in the Punjab State Transport Department, was suspended in 1986 following an FIR and later removed from service in 2003 after a criminal conviction under Sections 324 and 506 of the IPC. The appellate authority set aside the termination but ordered that he receive no salary for the suspension

MANGANESE ORE (INDIA) LTD.versusCHAND LAL SAHA AND ORS.

1990 INSC 3361 November 1990Dismissed

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

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