Uttar Pradesh Industrial Disputes Act, 1947

The Indian Explosive Limited, a urea manufacturer, employed several licensed contractors who in turn engaged workers. The Fertilizer Workers Union sought regularisation of these workers under Rule 25(v)(a) of the Uttar Pradesh Contract Labour Rules, arguing they performed work similar to the company's own workmen and d…

Jawahar Lal was engaged on a casual basis as a Survey Boy by National Thermal Power Corporation from 3 October 1977 until his termination on 15 February 1981. He claimed that his termination was illegal because the employer did not give prior notice, notice‑pay or retrenchment compensation, invoking Section 6N of the U…

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, employed as a salesman by a registered cooperative society, challenged his termination and filed proceedings under the Payment of Wages Act, 1963 and the Uttar Pradesh Industrial Disputes Act, 1947. The parties later reached a settlement, and an award dated 9‑12‑1988 was passed, conditioned on the appell…

The employee, Shree Lal Meena, sent a resignation letter on 14 July 1990, which was accepted on 11 January 1991. After the Life Insurance Corporation (Employees) Pension Rules, 1995 were introduced with retrospective effect from 1 November 1993, he claimed pension on the ground that Rule 3 made the Rules applicable to …

Charan Singh, a tube‑well operator in the Uttar Pradesh Fisheries Department, was terminated in August 1975 on the ground that he was a temporary employee and was given one month's wages in lieu of notice. He contended that he was a permanent workman and that the termination violated the Uttar Pradesh Industrial Disput…

The appellants, Ram Gopal Dwivedi and others, were engaged as apprentices under the Apprentices Act, 1961 by Kanpur Electricity Supply Co. Ltd. (a unit of the U.P. State Electricity Board) and their services were terminated after completing a three‑year training period. The Labour Court held the termination illegal, or…

Bhuvnesh Kumar Dwivedi was employed by Hindalco Industries Ltd as a labour supervisor from 30‑12‑1992 to 27‑07‑1998. Although the employer periodically terminated his service on the pretext of "sanction expired" and re‑appointed him on short contracts, the workman rendered continuous service of nearly six years. The La…

S.K. Pandit, a clerk dismissed in 1975, claimed his termination was illegal and raised an industrial dispute. Ten other workmen, represented by a union, had earlier raised a similar dispute which was referred to an Industrial Tribunal and resulted in an award. The Board assured Pandit that any benefit granted to the te…

The workman, Mohd Shafiq Khan, participated in a strike on 2 May 1980 and was suspended along with two co‑workers, Chunnu and Vakil. While the latter two accepted the charges, tendered unqualified apologies and were subsequently released without further action, Khan contested the charges and did not apologise. The Indu…

The employer, M/s. U.P. Drugs and Pharmaceuticals Co. Ltd., terminated 29 workmen on the ground that they were casual and there was no work, without the workmen having completed 240 days in the 12 months preceding termination. The labour court held they were not entitled to protection under Section 6N of the Uttar Prad…

Three union officials, declared as protected workmen, were dismissed after the employer alleged they had filed a false police complaint against senior officers. The criminal court had acquitted the officers, and the employer issued a charge‑sheet without conducting a departmental inquiry, relying on the magistrate's ju…

Gardeners were engaged through an agency to maintain lawns within the premises of Bharat Heavy Electrical Ltd (the appellant). Their services were terminated and they raised an industrial dispute, claiming reinstatement and compensation under Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. The Labour Co…

India Yamaha Motor Pvt. Ltd., the management of a manufacturing unit, challenged the competence of 113 workmen to be represented before the Industrial Tribunal by five elected workmen. The dispute centered on whether Section 6‑1 of the Uttar Pradesh Industrial Disputes Act, 1947 and Rule 40 of the Uttar Pradesh Industr…

The Supreme Court examined whether Bharat Heavy Electricals Ltd. (BHEL) was subject to the 24‑April‑1990 notification issued under the Contract Labour (Regulation and Abolition) Act, 1970, and whether the workmen who were engaged through contractors were direct employees of BHEL. The Court held that BHEL’s Haridwar ope…

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…

The case involved a bus conductor employed by the Regional Manager Uttarakhand Road Transport Corporation who collected fares from twenty passengers but failed to issue tickets or record their details in the way‑bill. During a checking operation the transport inspector directed the conductor to issue the tickets and ma…

Ghaziabad Zila Sahakari Bank Ltd., a cooperative society, paid ex‑gratia amounts to its employees in violation of circulars issued by the Registrar of Cooperative Societies. The employees filed an application under Section 6H of the Uttar Pradesh Industrial Disputes Act, and the Additional Labour Commissioner (ALC) ord…

The Supreme Court examined the constitutional validity of the amended Section 25‑0 of the Industrial Disputes Act, 1947 (and the identical Section 6‑W of the U.P. Industrial Disputes Act) which governs the closure of large industrial undertakings. The Court considered whether the procedural and substantive defects iden…

Dr. Manju Saraswat, the principal of Dayanand Arya Kanya Degree College, voluntarily tendered her resignation, which was accepted by the college's Managing Committee. The High Court held that the acceptance was not operative because the authorised controller had not accepted it and the Vice‑Chancellor had not given app…

Shree Lal Meena resigned from LIC in 1990 because no voluntary retirement scheme existed, and later sought pension benefits under the LIC Employees' Pension Rules, 1995 which were retrospectively applied from 1993. The Supreme Court examined whether a resignation could be treated as voluntary retirement and whether the…

The Ghaziabad Development Authority (appellant) terminated Ashok Kumar (respondent), a daily‑wage Amin, on 1 May 1990. Kumar claimed the dismissal violated Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a workman who has worked at least 240 days in a year to be given one month’s notice o…

The appellant, appointed as a daily wager on 30 July 1988, was terminated on 16 July 1989 for alleged financial irregularities. He claimed that his services were to be regularized after three months and raised an industrial dispute. The Labour Court ordered his reinstatement with back wages, but the High Court set asid…

The Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya) Act created a university whose service conditions are governed by its statutes, which do not provide for daily‑wage or ad‑hoc appointments. Respondent No.2, a daily‑wage laboratory assistant, was entrusted with clerk duties from 1‑Nov‑1991 and claimed regularisa…

The respondent, a conductor, was suspended and later removed from service for not issuing tickets. The Labour Court reinstated him but held he was not a permanent conductor and therefore denied back wages. The respondent filed an application under Section 6(6) of the Uttar Pradesh Industrial Disputes Act seeking modifi…

The workman Dilip Mani Dubey was terminated by his employer M/S SIEL Ltd. An Industrial Tribunal under the Uttar Pradesh Industrial Disputes Act, 1947 awarded reinstatement and back wages, holding that he had been in continuous service for one year as required by Section 6‑N. The employer challenged the award in a writ…

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…

The Supreme Court examined whether Kisan Sahkari Chini Mills Ltd., a co‑operative sugar mill registered under the Uttar Pradesh Co‑operative Societies Act, could be treated as a "State" within Article 12 of the Constitution and thus be subject to writ jurisdiction under Article 226. Applying the tests laid down in Ajay…

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…

Kripal Singh, employed as a Beldar from 1 February 1991 to 3 June 1992, was terminated without notice on 4 June 1992. He raised an industrial dispute alleging violation of Section 6(N) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a worker to have worked at least 240 days in a calendar year for the…

Kanpur Electricity Supply Co. Ltd. (appellant) terminated the services of two cashiers, Shamim Mirza and Manoj Srivastava, alleging they were employees of a contractor. The workmen claimed they were regular employees of the company and sought reinstatement with back wages under Sections 6N, 6P and 6Q of the Uttar Prade…

Fourteen garden workers employed by a contractor for Bharat Heavy Electricals Ltd. (BHEL) had their services terminated by the contractor on 1 December 1988 without complying with Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. They filed an individual dispute under Section 2‑A, which was referred to th…

Raj Kumar worked as a daily‑wage beldar in the Uttarakhand PWD for about a year (June 1986‑May 1987) and was terminated without following the procedure prescribed under the Industrial Disputes Act. After a lapse of roughly 25 years he approached the Labour Court seeking reinstatement; the Labour Court awarded Rs 30,000…

Krishna Kant Pandey, employed by Pepsico India Holding Pvt. Ltd., was terminated after serving in various supervisory roles, most recently as Fleet Executive. He claimed that he was a "workman" under Section 2(z) of the Uttar Pradesh Industrial Disputes Act, 1947, and that his termination violated Section 6 of the Act.…

The respondent, a gate‑keeper at Niranjan Cinema, was alleged to have been absent from work and to have started a betel shop. He claimed that his services were terminated and filed an industrial dispute. The Industrial Tribunal held the termination illegal, ordered reinstatement and back wages, and ruled that his self‑…

Mis Indian Drugs & Pharmaceuticals Ltd., a public sector undertaking, gave contract work to the widows and dependents of employees who died in harness after a union demand, without any compassionate appointment scheme. The contracts were later terminated in 1998 due to the company's severe financial distress, prompting…

The Motilal Nehru Farmers Training Institute employed daily wagers for various project works such as bee‑farming. Their services were terminated on 28‑December‑1996 and they claimed they had worked for more than 240 days, invoking Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947. The Labour Court, after dr…

The appellant, a workman, was dismissed for misconduct and the employer sought approval of the dismissal under Section 6E(2) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires that the workman be paid wages for one month before dismissal. The appellant claimed that his monthly wages of Rs.1,214.40 were …

The Uttar Pradesh State Mineral Development Corporation decided to retrench about half of its workforce, prompting the employees' Samiti to file a writ petition under Article 226 seeking absorption in other government departments or public sector undertakings and compensation. The Allahabad High Court entertained the p…