U.P. Industrial Disputes Act, 1947

The workmen, employed as gardeners in the Ghaziabad Nagar Nigam's horticulture department since the late 1990s, alleged that they were dismissed orally in July 2005 while a conciliation proceeding was pending, without notice or retrenchment compensation. They claimed the termination violated Sections 6E and 6N of the U…

Mansaram Nainwal, a bus driver of Uttaranchal Road Transport Corporation, was dismissed after a departmental inquiry found him guilty of rash driving that caused a fatal accident. The Labour Court upheld the dismissal, but he was acquitted in the parallel criminal trial. The High Court, relying on Capt. M. Paul Anthony…

The appellant company terminated several workmen in 1985 and later closed its factory in 1988‑89, terminating seven additional workmen. A settlement agreement was executed on 19 October 1989 between the company and the trade union, covering disputes of the seven workmen terminated due to the closure. The company sought…

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…

Sanjay Kumar Nautiyal, a bus conductor employed by Uttaranchal Transport Corporation, was caught in a surprise check for deliberately leaving waybill entries blank, issuing tickets without proper destination details, undercharging passengers and misappropriating ticket money. A disciplinary enquiry proved 13 charges of…

Laxmi Kant Gupta, a temporary employee of the U.P. State Electricity Board, was terminated in 1986 without compliance with Section 6-N of the U.P. Industrial Disputes Act, 1947. He raised the dispute only after a ten‑year delay, and the Labour Court ordered his reinstatement without back wages, citing the delay. The Hi…

The appellant, U.P. State Spinning Co. Ltd., challenged a Allahabad High Court order that quashed the dismissal of workmen R.S. Pandey and another on the ground that the dismissal was effected before receipt of the show‑cause reply. The High Court had entertained a writ petition under Article 226 despite the existence …

Samishta Dube was appointed as a typist/clerk in the City Board, Etawah on 15‑12‑1987 and terminated on 12‑04‑1988 after 3 months 27 days of service. She raised an industrial dispute under Section 4‑K of the U.P. Industrial Disputes Act, 1947. The Labour Court held that while the termination was not invalid, the "last …

Afaq Husain, a conductor appointed on an ad‑hoc, daily‑wager basis by the U.P. State Road Transport Corporation, was given a three‑month contract in 1976 and terminated thereafter with one month’s notice pay. He raised an industrial dispute in 1982; the Labour Court, assuming continuous service from 1972‑1976, held tha…

The Central Government issued a circular on 8 November 2000 refusing to prohibit contract labour in certain establishments of Rashtriya Chemicals & Fertilizers Ltd. The General Employees Association filed a writ petition under Article 226 seeking quashment of the circular, alleging that the contract labour system was a…

The appellant Uttarakhand Forest Development Corporation terminated the services of M.C. Joshi, a seasonal daily‑wage worker, on 24 November 1991. After a delay of six years, Joshi raised an industrial dispute, and the Labour Court held that the corporation had contravened Section 6N of the U.P. Industrial Disputes Act…

C.S. Joshi, a lower‑division clerk at IIT Kanpur, was removed for fabricating records and misappropriating funds. Under Section 4‑K of the U.P. Industrial Disputes Act, the Labour Court ordered his reinstatement with 50% back‑wages. The institute obtained a writ petition and the High Court reduced the back‑wages to 25%…

In 1980-81 Laxmi Rattan Cotton Mills Ltd. engaged six workers as trainee investigators on a stipend, expressly stating no obligation to appoint them thereafter. After training, the mill offered them clerk positions, which they accepted without protest and later made permanent. When the mill became sick and closed in 19…

One hundred seventy cafeteria employees of G.B. Pant University sought regularisation under the U.P. Industrial Disputes Act. The Labour Court ordered regularisation and payment of salary differences, which the High Court upheld. While 128 employees complied and received arrears, eight respondents had left the universi…

U.P. Power Corporation Ltd terminated two daily‑wage Chowkidars in 1979. The Industrial Tribunal held the termination illegal under s.25‑F of the Industrial Disputes Act, 1947 and s.6‑N of the U.P. Industrial Disputes Act, 1947, ordered their reinstatement and deemed them regularised after three years. The High Court d…

Sarada Prasad Misra was appointed as a conductor on a temporary, ad‑hoc basis by U.P. State Road Transport Corporation and was terminated in September 1975 with one month’s salary in lieu of notice. After a delay of about seven years he filed an application under Section 2‑A of the U.P. Industrial Disputes Act seeking …

The U.P. State Bridge Corporation Ltd. terminated the services of 168 muster‑roll employees after they remained absent for more than ten consecutive days, invoking Clause L‑2.12 of its Certified Standing Orders. The employees, represented by a union, filed writ petitions under Article 226 challenging the termination. T…

The Uttaranchal Forest Development Corporation engaged daily‑wage workers for measuring wood and protecting timber. When work ceased, the workers were retrenched under Section 6‑N of the U.P. Industrial Disputes Act. The Labour Court held the retrenchment valid, saying the corporation was not an "industrial establishme…

The appellant, D.R. Gupta, an assistant cashier of Rampur Zila Sahkari Bank, was suspended and dismissed after a domestic inquiry that was later found to have violated principles of natural justice. A reference under s.4‑K of the U.P. Industrial Disputes Act was made to an Industrial Tribunal, where the Tribunal first …

The case involved a workman (Respondent No. I) who was dismissed for threatening senior officers and inciting a strike. The Labour Court found the domestic inquiry defective but allowed the employer to adduce fresh evidence, ultimately upholding the dismissal. The High Court, exercising writ jurisdiction, set aside the…

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 respondent, a temporary employee, was terminated in 1974 and raised an industrial dispute only in 1992, 18 years later. The Labour Court awarded reinstatement with full back wages, finding the termination illegal, but the High Court modified the award to 50% back wages without providing reasons. The Supreme Court h…

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 workman Udai Narain Pandey was engaged on a daily‑wage basis for a fixed tenure by U.P. State Brassware Corporation Ltd. His services were terminated on the expiry of that tenure, but he had rendered more than 240 days of service in the preceding year, making him a "workman" under Section 6‑N of the U.P. Industrial…

The appellant, a workman dismissed by his employer, obtained a favourable award from the Labour Court. Before publishing the award, the Uttar Pradesh Government exercised its power under sub‑section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 to remit the award for reconsideration, without giving notice …

The workmen claimed they were illegally retrenched because they had completed at least 240 days of service in a calendar year, satisfying the condition precedent to retrenchment under Section 6N of the U.P. Industrial Disputes Act, 1947. The employer produced only an extract of the attendance register for the twelve mo…

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 Supreme Court examined the award of dearness allowance granted to workers of five cooperative sugar factories in Gujarat. The Industrial Court had increased the graduated dearness allowance and allowed a variable dearness allowance at 125% neutralisation, which the High Court later set aside. The Court held that va…

The petitioners, former daily‑wage workers of U.P. Jal Nigam, claimed that the Supreme Court’s order of 7 September 2015 required their reinstatement after they were retrenched in 1991, and filed contempt petitions alleging wilful disobedience by the department. The Court observed that the order merely directed that an…

The employee (Respondent No.1) was appointed on an ad‑hoc basis by Allahabad Jal Sansthan and terminated on 24 January 1987. He raised an industrial dispute and the Labour Court, in an ex‑parte award dated 11 April 2000, reinstated him with full back wages, holding the termination invalid under Section 6‑N of the U.P. …

The case involved workmen of Indian Oxygen Ltd.'s Kanpur unit represented by the Karamchari Union demanding an upward revision of dearness allowance linked to the consumer price index for Kanpur, while the company had unilaterally imposed a scheme linking allowance to the all‑India average CPI after a settlement with t…

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…

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…

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…

The appellant, U.P. State Road Transport Corporation, dismissed conductor Gopal Shukla for allowing 25 passengers to travel without tickets, an act that constituted personal gain and breach of trust. The Labour Court, invoking Section 6(2-A) of the U.P. Industrial Disputes Act, substituted the dismissal with reinstatem…

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…

J.K. Synthetics Ltd. dismissed employee K.P. Agrawal for misconduct after an inquiry that found all charges proved. The Labour Court later held the inquiry unfair, found only one charge proved, and substituted dismissal with a lesser punishment of withholding two annual increments, also adding a paragraph granting back…