Industrial Disputes Act, 1947

Shri S.K. Maini, employed as Shop Manager/In‑charge of M/s Carona Sahu Co. Ltd., was terminated after a domestic enquiry. The Labour Court held he was a workman under Section 2(s) of the Industrial Disputes Act, 1947 and ordered his reinstatement with back wages. The Punjab & Haryana High Court reversed, finding that h…

Ved Prakash Gupta, employed as a security inspector at Delton Cable India, was dismissed after a domestic enquiry found him guilty of abusing a worker. The Labour Court initially held he was not a "workman" under s.2(s) of the Industrial Disputes Act, 1947, rendering the reference invalid, but the Supreme Court directe…

In an industrial dispute, the Central Government Industrial Tribunal‑cum‑Labour Court awarded reinstatement, back wages and benefits to six casual workers in 1992. The Department filed an Original Application before the Central Administrative Tribunal (CAT) in 1993, which was later dismissed on the ground that, pursuan…

G. Kondal Rao, a contract conductor with APSRTC, was terminated after a departmental enquiry proved misconduct. He unsuccessfully challenged the termination through departmental and review mechanisms and then filed a writ petition under Article 226 of the Constitution. The Single Judge of the High Court, relying mechan…

The workmen of Williamson Magor & Co. alleged that the management arbitrarily promoted junior clerks to the Special Grade, superseding the legitimate claims of senior employees, thereby victimising them. The Industrial Tribunal found the promotions unjustified but declined to grant relief because no promotion norms exi…

The respondent, a long‑serving employee of the Andhra Pradesh State Road Transport Corporation (APSRTC), was charged with four instances of theft in 1986 and admitted to the misconduct. A departmental enquiry found him guilty and the Labour Court (Industrial Tribunal) ordered his removal from service. The High Court Si…

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…

The appellant, a daily‑wage worker appointed on 26‑Nov‑1988, was terminated on 20‑Jun‑1994 and claimed that he had worked continuously for more than 240 days in the preceding year, invoking section 25‑F of the Industrial Disputes Act, 1947. The labour court held him to be a workman, found that he had satisfied the 240‑…

The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be regularised and to receive p…

The workman, Sowaran Singh, claimed he was a regular employee of Batalá Cooperative Sugar Mills Ltd. from April 1986 and that his termination on 12 February 1994 was illegal, seeking reinstatement and back wages. The employer contended that Singh was engaged on a casual, seasonal basis for a specific period and purpose…

The petitioner, a former clerk of the Karnataka Sericulture Department, was terminated in 1985 but only raised an industrial dispute in 1999, fourteen years later, alleging illegal termination under the Industrial Disputes Act. The Labour Court awarded reinstatement without back wages, which the management challenged; …

Hussan Mithu Mhasvadkar, employed as an Inspector in the Bombay Iron & Steel Labour Board, was placed on probation and terminated after 21 months. He claimed that he was a "workman" under the Industrial Disputes Act, 1947 and that the Board constituted an "industry", making him entitled to the Act's protections. The La…

During a strike at BPL India Ltd., three workmen affiliated with the Palghat BPL and PSP Thozhilali Union assaulted company officers at a bus‑stop outside the factory, throwing stones and causing injuries. The employer dismissed the workmen under Clause 39(h) of its certified Standing Orders, alleging misconduct, and t…

The Supreme Court examined whether V. Venkatesan, a former employee of Metropolitan Transport Corporation who was terminated in 1996 and later reinstated in 2004, was entitled to full back wages under Section 33C(2) of the Industrial Disputes Act despite having been enrolled and practicing as an advocate from December …

The Haryana Seeds Development Corporation Ltd. closed several of its seed sales units after heavy floods, resulting in the termination of several employees, including the respondents. The employees sought a reference under Section 10(1)(c) of the Industrial Disputes Act, claiming that their termination amounted to retr…

The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered the Labour Court's aw…

Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference before the Industrial T…

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…

The petition filed by B.K. Naik and 700 workmen sought a writ of mandamus directing the Central Government to declare that Natundihi Pahariabera Colliery had vested in it and to treat the petitioners as its employees with back wages under Section 14 of the Coal Mines (Nationalisation) Act, 1973. The Court examined whet…

Murari Lal Gupta, appointed as a chowkidar in 1982, sought regularisation but was denied on age grounds and later stopped working. He filed claims for salary differences and overtime, and after failed conciliation, a writ petition led to a reference to the Industrial Tribunal, which awarded reinstatement with back wage…

The Gujarat State Road Transport Corporation (GSRTC) and the Union of its workers entered into a settlement on 21‑12‑1989, wherein Clause 20 prescribed that Badali Kamdars would be regularised and absorbed into the permanent conductor cadre after completing 180 days of continuous service in that cadre. Several Badali K…

The Supreme Court examined a batch of appeals filed by Oil and Natural Gas Corporation (ONGC) challenging High Court orders that regularised workmen based on the PCLU judgment. The Court questioned whether the PCLU decision correctly interpreted clause 2(ii) of ONGC’s Certified Standing Orders and whether it had consid…

The petitioners, a consortium of newspaper management firms, challenged the constitutionality of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and its 1974 amendment, alleging violations of Articles 14, 19(1)(a) and 19(1)(g) of the Constitution, as …

The appellant, Sharimk Uttarsah Sabha, a trade union, sought to be impleaded in an Industrial Court proceeding where Raymond Woolen Mills Ltd. had complained of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Industrial Court had restrai…

The respondent, a daily‑wage worker in the R&B Department of the State, was terminated in 1981 after working intermittently for about two years. After a lapse of fifteen years he filed a claim before the Labour Court, which ordered his reinstatement but awarded no back wages. The State appealed; the High Court upheld t…

The Supreme Court examined whether the Dandakaranya Project, undertaken by the Central Government for refugee rehabilitation, qualified as an "industry" under Section 2(j) of the Industrial Disputes Act, 1947, and whether the Industrial Tribunal could lawfully direct the regularisation of 425 non‑ministerial regular (N…

The Air India Statutory Corporation, originally a statutory authority and later a company, employed union members as contract labour for cleaning and related services. The Central Government, as the appropriate Government under the Contract Labour (Regulation and Abolition) Act, 1970, issued a 1976 notification abolish…

The workmen employed by the Maharashtra Forest Department under the Panchgaon Parwati Scheme and social‑forestry projects alleged that they had been kept as casual labourers for five to six years, constituting an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Pr…

Ashok Kumar Sharma, a loader employed by Oberoi Flight Services since 1980, was dismissed in 1986 after being caught with 30 soup spoons in his shoe and allegedly admitting guilt. The dismissal was effected without any enquiry, charge‑sheet or show‑cause notice. The Labour Court held the dismissal contrary to law but a…

The workmen of Bharat Petroleum's refinery division sought to raise the retirement age for clerical staff from 55 to 60 years, relying on a perceived trend in the Bombay region. The Industrial Tribunal raised it only to 58 years, noting wage scales, the existence of a pension scheme for the marketing division, and the …

The appellant, Mukesh K. Tripathi, was appointed as an Apprentice Development Officer in LIC and was terminated during his apprenticeship without notice. He claimed that his dismissal violated Section 25F of the Industrial Disputes Act, 1947, arguing that he was a "workman" within the meaning of Section 2(s). The Supre…

The respondent, Siri Niwas, claimed that he had worked for more than 240 days in the twelve months preceding his termination by the Municipal Corporation, Faridabad, and therefore his retrenchment was illegal under Section 25F of the Industrial Disputes Act, 1947. The Industrial Tribunal found that he had worked only 1…

The original standing order of a co‑operative bank fixed the retirement age at 55 years. Two settlements, dated 11‑01‑2004 and 21‑02‑2010 and sanctioned by an award of the Industrial Court, raised the retirement age to 58 years. The Bank Employees Union, a registered trade union, filed an application under Section 38(2…

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…

The Supreme Court examined whether employees hired on daily‑wage, nominal muster‑roll, consolidated‑pay or as contingent workers in Andhra Pradesh could be regularised after five years of service and whether the 1998 amendments to the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of …

Keshab Deb was appointed as a casual daily‑wage driver in the Directorate of Telecommunications, Dimapur, and was terminated allegedly for misconduct after a brief imprisonment. He filed a writ petition alleging violation of Section 25‑F of the Industrial Disputes Act, 1947 and seeking regularisation under a casual‑lab…

The Karnataka High Court stayed the operation of an order of reference that had sent certain work‑men’s disputes to the Industrial Tribunal. While the stay was in force, the employer dismissed the work‑men for serious misconduct and the work‑men filed a complaint under Section 33A of the Industrial Disputes Act, 1947, …

Arkal Govind Raj Rao was employed by Ciba Geigy of India Ltd. as a stenographer‑cum‑accountant, later promoted to Assistant and designated Group Leader. After his termination, the employer argued that he was not a "workman" under Section 2(s) of the Industrial Disputes Act, 1947, claiming he performed supervisory and a…

The Supreme Court examined whether the Central Inland Water Transport Corporation Ltd., a government‑owned company under section 617 of the Companies Act, qualifies as "the State" under Article 12 of the Constitution and whether clause (i) of Rule 9 in its service rules – which allows termination of a permanent employe…

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…

The respondent, K.G. Sangameswaran, an accountant employed by United Planters Association, was dismissed for alleged misappropriation. He appealed the dismissal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947, claiming that no domestic enquiry had been held. The Appellate Authority set aside th…

M.S. Jasra, a former RBI officer, joined Lakshmi Commercial Bank as Assistant General Manager in 1983. After Lakshmi was amalgamated with Canara Bank under Section 45 of the Banking Regulation Act, 1949, he was placed as Divisional Manager in Canara Bank. He claimed entitlement to a higher post and to retire at age 60,…

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…

Pearlite Liners Pvt Ltd. transferred the respondent, a trainee accountant later promoted, from its head office to a sales office. The employee refused to comply, was absent, and a chargesheet was issued. She filed a suit seeking a declaration that the transfer order was void, that she remained in service, and an injunc…

Madan Pal Singh, a daily‑wage work agent employed by the New Okhla Industrial Development Authority (NOIDA) from July 1982 to August 1986, filed a dispute after his services were terminated. In his conciliation application he mistakenly wrote his name as Madan Lal, and the State of U.P. issued a reference to the Labour…

The workmen of Kettlewell Bullen & Co. claimed a customary bonus for the years 1974‑1977, arguing that the company had been paying a bonus since 1959, at a uniform rate of 10.5% of salary from 1965‑1973, before the Puja festival and irrespective of profits. The Industrial Tribunal held that this long‑standing, uniform,…

The State of Madhya Pradesh filed a Letters Patent Appeal against a Division Bench order that had dismissed a writ petition under Article 227 seeking to quash a Labour Court order passed under Section 10 of the Industrial Disputes Act, 1947. The High Court held the appeal non‑maintainable, relying on the petition’s nom…

United Bank of India terminated two commission agents (tiny deposit collectors) in 1984. The Union raised the terminations as industrial disputes, which were referred to the Tamil Nadu Industrial Tribunal. The Tribunal allowed the bank to lead evidence to justify the dismissals and ruled in its favour. The Madras High …

The Municipal Corporation of Jabalpur appointed a large number of daily‑wage workers without following the recruitment rules prescribed under the Madhya Pradesh Municipal Corporation Act. Several labour disputes arose and the High Court, exercising contempt jurisdiction, directed the corporation to prepare a gradation …

Niranjan Dass, a senior clerk of Gammon India Ltd., was served notice of termination on the ground of a recession in business, effective 14 October 1967. The dispute was referred to an Industrial Tribunal, which held that the termination was an illegal retrenchment and declared Dass to remain in service with entitlemen…

The Lt. Governor of Delhi authorized Raj Kumar Gupta, Patron of a workers' union, to file a complaint under Section 34 of the Industrial Disputes Act, 1947 against the employer for alleged unfair labour practices punishable under Section 25‑U. The employer challenged the order, and the Delhi High Court set it aside, ho…

V. Ramana, a conductor with the Andhra Pradesh State Road Transport Corporation, was removed from service for failing to issue tickets, collect fares and maintain records. He challenged the removal by filing a writ petition, which was upheld by the Andhra Pradesh High Court. On appeal, he argued that the quantum of pun…

The case concerned contract labour employed in SAIL's captive limestone mines under a tripartite agreement with contractors. After a prohibition notification under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 was issued in 1993, the contract labour continued to work until their services were …

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…

The respondent, a temporary work‑charged employee, was terminated in the early 1980s and, after an eight‑year gap, filed a claim for reinstatement and back wages under Section 10(1) of the Industrial Disputes Act, 1947. The Labour Court awarded 30% back wages and ordered reinstatement, but the High Court dismissed the …

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 respondents, who were Presiding Officers of Kerala's Industrial Tribunals, had historically received pay scales equal to District Judges. After the 1998 Shetty Commission revised the pay of District Judges, the state granted the revised scales only to District Judges and not to the Tribunal officers, prompting the …

The Municipal Council, Sujanpur terminated Surinder Kumar, a daily‑waged worker appointed in violation of its recruitment rules and allegedly as a supervisor. The Labour Court held that Kumar was a workman who had completed the requisite 240 days of work and ordered his reinstatement with full back wages. The High Cour…

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the 'social forestry' department and similar welfare activities fall within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947. The conflict arose from differing interpretations of the expansive …

The case concerned the constitutional validity of Regulation 19(2) of the Life Insurance Corporation of India (Staff) Regulations, 1960, as amended in 1977, which required employees appointed on or after 1 September 1956 and belonging to Class I or II to retire at age 58, with a provision for retirement at 50 in the co…

The Madhya Pradesh Administration terminated the services of Tribhuban, who had been employed on a temporary basis with intermittent breaks, prompting an industrial dispute that was adjudicated by an Industrial Tribunal. The Tribunal awarded retrenchment compensation, notice pay and interest, finding the employer had n…

The Supreme Court dealt with contempt petitions filed by M/s Writers and Publishers Pvt. Ltd. (WPL) seeking the disbursement of proceeds from the sale of Super Bazar assets after the Court had earlier ordered a full refund of WPL's investment with interest, subject to deduction of profits. The Court examined the Comptr…

The appellant, H.P. State Electricity Board, appealed against the Labour Court and Himachal Pradesh High Court decisions that had granted daily‑wage workers (respondents) a minimum bonus under the Payment of Bonus Act, 1965. The respondents had filed applications under Section 33‑C(2) of the Industrial Disputes Act, 19…

The State, G.M. Haryana Roadways, terminated a casual driver, Jai Bhagwan, whose reinstatement was ordered by the Labour Court. The State reinstated him on 10 May 2002 and later regularized his service on 21 June 2004, but failed to disclose these material facts in a writ petition before the High Court and again in a S…

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 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. …

The case concerned two plant operators (respondents 3 and 4) who were dismissed for sleeping on duty while the machine was left running. The Labour Court held that the dismissal was shockingly disproportionate and ordered reinstatement with back wages. The appellant appealed, arguing that Clause (g) of Item 1 of Schedu…

All India Radio and Doordarshan challenged the termination and non‑regularisation of several clerical, linemen and casual workmen, contending that they are not "industries" under Section 2(j) of the Industrial Disputes Act, 1947 because they perform sovereign functions. The Supreme Court examined whether the broadcasti…

The respondent, a senior stenographer in Indian Oil Corporation Ltd., was identified by a vigilance enquiry as the organiser of a scheme in which employees submitted forged medical certificates and bills to obtain reimbursements, causing monetary loss to the corporation. He was charge‑sheeted, suspended and, after a de…

The National Kamgar Union (appellant) challenged the closure of Kran Rader Pvt. Ltd.'s manufacturing unit, alleging that more than 100 workers were employed and that the employer failed to comply with Section 25-K of Chapter VB of the Industrial Disputes Act, 1947. The Industrial Court had held that 115 workers were em…

Harjinder Singh, a workman employed by Punjab State Warehousing Corporation, was retrenched despite seniority over junior employees. The Labour Court awarded him reinstatement with 50% back wages under Section 25G of the Industrial Disputes Act, 1947. The Punjab & Haryana High Court, exercising writ jurisdiction under …

The respondent, a clerk of Andhra Bank, was suspended pending departmental action and later faced criminal charges under Sections 409 and 436 of the Indian Penal Code. He was convicted by a trial court but acquitted on appeal; however, a departmental enquiry continued for several years, culminating in his dismissal. Th…

The case arose when two salesmen, who were also union office‑bearers, were disciplined and terminated by Hindustan Lever Ltd. The union claimed the dismissals were illegal and that the employer was retaliating for trade‑union activity. The employer argued that the salesmen were not "workmen" under the Industrial Disput…

The appellant, an accountant, was dismissed by the respondent company and the dispute was referred to the Fifth Industrial Tribunal under the West Bengal Industrial Disputes Rules, 1958. The workman appeared before the Tribunal while the company did not; the workman filed a written statement but the Tribunal failed to …

The case involved 25 workmen employed by Indian Railway Construction Co. Ltd. (IRCON) on the Rihand Nagar railway line project who were served retrenchment notices in 1993 stating that most work was completed. The workmen challenged the notices, arguing that the project constituted a "factory" under the Factories Act, …

The appellant, a clerk at Dayanand Medical College and Hospital, was dismissed after a domestic enquiry that she alleged was biased and violated natural justice. The Labour Court found the enquiry to be unfair and ordered the management to lead fresh evidence on the merits, but the management relied only on the enquiry…

The workman, originally a Junior Supervisor, was transferred from Visakhapatnam to Jharsuguda but refused to report, leading to his suspension and dismissal. He challenged the dismissal before the Labour Court, which modified the order, reinstated him, and directed him to join at Jharsuguda, while also directing the ma…

The Supreme Court examined whether daily‑wage employees appointed without following recruitment rules were entitled to "equal pay for equal work" with regular staff. It held that the doctrine, rooted in Article 39(d) and Article 14 of the Constitution, can be invoked only when the claimants perform equal work of equal …

The workmen employed in the statutory canteen of Indian Petrochemicals Corporation Ltd. filed a writ petition seeking declaration that they were regular employees of the corporation and were entitled to regularisation, pay scales and arrears. The Bombay High Court held that, relying on Parimal Chandra Raha v. LIC, the …

The petitioner, a practising advocate, filed a writ petition alleging that he was handcuffed while being taken to court and that the Union Government had failed to issue guidelines on handcuffing as required by the Prem Kumar Shukla judgment. The petition also sought a mandamus directing the Central Government to bring…

A.P. Foods, a non‑profit public‑sector establishment run by the Andhra Pradesh Nutrition Council, was challenged by its employees who demanded bonus under the Payment of Bonus Act, 1965. The Labour Commissioner held the Act inapplicable, but the employer later paid ex‑gratia and subsequently stopped it, prompting a wri…

The respondent, Babu Ram, was employed on a temporary basis by the U.P. State Road Transport Corporation and was terminated in 1983. After a fifteen‑year gap, the dispute was referred to the Labour Court in 1998, which held the termination illegal and ordered reinstatement with back wages. The corporation challenged th…

Harina​gar Sugar Mills Ltd. (Biscuit Division) (HSML) applied to close its biscuit unit after Britannia Industries terminated a 32‑year job‑work agreement. The State Government, through a Deputy Secretary, sent a letter on 25 September 2019 asking HSML to resubmit its application, claiming the original lacked cogent re…

The Tamil Nadu State Transport Corporation dismissed a junior superintendent after a departmental inquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Tribunal rejected the application on merit, finding no prima facie case for dismissal. Despite the reject…

The Supreme Court considered a batch of eighteen appeals concerning the meaning of "retrenchment" under Section 2(oo) of the Industrial Disputes Act, 1947. The petitioners (workmen) argued that the term should be given its wider literal meaning – termination of service for any reason other than disciplinary punishment,…

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…

The Tamil Nadu Panchalai Workers' Union served a strike notice on 14 March 1991 stating that a strike would commence on or after 24 March 1991, giving only ten days' notice. The Supreme Court held that the notice did not satisfy the six‑week advance notice required under Section 22(1) of the Industrial Disputes Act, 19…

The dispute arose from a 1979 settlement under Section 12(3) of the Industrial Disputes Act, whereby a workman who had been on the nominal muster roll was to be appointed to a vacancy when one arose. The workman failed to report for duty in 1979 and his name was removed; after nearly two decades he made representations…

Bharat Singh, a workman dismissed in 1975, obtained a Labour Court award on 28 September 1983 directing his reinstatement and back wages. The management challenged the award by filing a writ petition in the Delhi High Court on 31 January 1984. While the writ was pending, Singh invoked Section 17‑B of the Industrial Dis…

The employee, a muster‑roll labourer, assaulted his superior officer with a tension screw, causing a broken nose, and then remained absent without permission for three weeks. A domestic enquiry proved the misconduct and the employer dismissed him. The Labour Court set aside the dismissal as punitive, ordering reinstate…

The Coir Board, a statutory body established under the Coir Industry Act, 1953, dismissed several temporary clerks and typists who claimed that their termination was governed by Chapter V‑A of the Industrial Disputes Act, 1947. The Kerala High Court held that the Board qualified as an "industry" under the Act, making t…

Bombay Chemical Industries (appellant) contested an application filed by a former employee (respondent No.2) before the Labour Court under Section 33C(2) of the Industrial Disputes Act seeking difference of wages for the period 2006‑2012, claiming he was employed as a salesman. The appellant denied any employment relat…

The Supreme Court dismissed ONGC's appeal against the Bombay High Court's order upholding the Central Government Industrial Tribunal's findings. The dispute concerned whether contract workmen engaged through contractors were employees of ONGC and thus entitled to pay parity, and whether a settlement dated 19 September …

The appellant, VAZIR GLASS WORKS Ltd., sought closure of its loss‑making factory under s.25‑0(1) of the Industrial Disputes Act, 1947, but the Maharashtra Government rejected the application on 12‑Oct‑1992. The company filed a review application under s.25‑0(5) within the one‑year period, which remained pending when th…

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 …

Manju Saxena, a senior confidential secretary of HSBC Bank, was terminated after her post became redundant and she refused four alternate positions offered at the same pay scale, as well as a severance package. She raised an industrial dispute seeking an enhanced severance package, but the Central Government Industrial…

The respondent, a daily‑wage conductor, was employed by Bhavnagar Municipal Corporation from 3 October 1987 to 31 March 1989 and was terminated without payment of retrenchment compensation. The Labour Court held the termination illegal, ordering reinstatement with 65% back wages; the Gujarat High Court set aside the ba…

The Supreme Court dealt with the sale of immovable property of Jay Electric Wire Corporation Ltd., a company under liquidation, which had been sold to the appellants for Rs. 2.50 crore in 2006. Secured creditors and the workmen's union challenged the sale, alleging procedural irregularities, unfair price, and the limit…

Kuldeep Singh, a data entry operator, was terminated by the Instrument Design Development and Facilities Centre without complying with the notice and compensation requirements of Section 25F of the Industrial Disputes Act, 1947. He made numerous representations to various government officials, after which the Haryana G…

The respondent, an accountant employed by M/s Reetu Marbles, was terminated on 11 June 1987. The Labour Court held the termination illegal, ordered reinstatement but denied any back wages, noting the respondent failed to prove he was unemployed during the 15‑year gap before the award. The Allahabad High Court modified …

The respondent, a workman employed by L&T Komatsu Ltd., was dismissed after being found guilty of unauthorized absence for 105 days, with a history of 15 prior instances of absenteeism. The Labour Court set aside the dismissal, ordering reinstatement with continuity of service and a penalty of four stopped increments, …

The workman Prahlad Singh was granted leave from 1 July to 20 September 1974 and failed to resume duty. The company terminated his employment on 8 October 1974 under its standing orders, which stipulated loss of lien for over‑stay of leave. Singh raised an industrial dispute before the Central Government Industrial Tri…

Wellman (India) Pvt. Ltd. entered into a settlement with its workers' union in 1966 that created an attendance bonus scheme, which became an express term of the employment contract. The company sought a declaration from the Employees' Insurance Court that the Employees' State Insurance Corporation (ESIC) could not dema…

The Rashtriya Colliery Mazdoor Sangh, representing 14 workmen of BCCL's Balihari Colliery, obtained a 1996 Industrial Tribunal award directing their regularisation without back wages. The Jharkhand High Court in 2004 modified the award, stipulating that the employer must give preference to these workmen when hiring reg…

The appellants were officers of Canara Bank who resigned between 1986 and June 1993, i.e., before the statutory settlement dated 29‑Oct‑1993 and the Canara Bank Employees' Pension Regulations, 1995 came into force. They claimed entitlement to a pension in lieu of the Contributory Providable Fund, relying on the pension…

The respondent was appointed as a sweeper‑cum‑water carrier on a monthly wage in 1986 and worked daily until about 5 p.m., effectively on a full‑time basis despite being described as part‑time. His services were terminated in March 1989 and he sought regularisation and protection under the Industrial Disputes Act, 1947…

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 appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, 19(1)(c) and 21 of th…

The Krishna District Co‑operative Marketing Society (the petitioner) retrenched nine clerks, invoking the Andhra Pradesh Shops and Establishments Act, 1966. The employees (respondents) challenged the terminations, arguing that the retrenchment provisions of the Industrial Disputes Act, 1947 (particularly s.25F) applied…

The Central Government Industrial Tribunal awarded reinstatement, regularisation and 75% back wages to 21 casual workers of the Food Corporation of India (FCI) whose retrenchment was held void. The management of FCI filed a writ petition challenging the award, obtained a conditional stay, but nevertheless reinstated an…

The Supreme Court examined an appeal by the Chief Engineer, Ranjit Sagar Dam (appellants) against a Labour Court order that reinstated workman Sham Lal and awarded back wages. The central questions were whether the burden of proof to show that a workman had worked at least 240 days in the year preceding termination res…

The employer, Surendranagar District Panchayat, terminated several daily‑wage workers and claimed that none had worked continuously for 240 days in the preceding year, a condition required under Section 25‑F of the Industrial Disputes Act, 1947 for retrenchment. The workers contended they had met the 240‑day requiremen…

Viveka Nand Sethi, a cashier‑clerk of Jammu & Kashmir Bank, failed to resume duties after his leave expired and did not submit a proper medical‑leave application with a valid certificate despite repeated notices and memoranda. The Bank invoked clause 2 of the bipartite settlement (voluntary cessation of employment) and…

Harbans Lal, a clerk-cum-cashier of State Bank of India, was suspended on 29 November 1990 pending a departmental enquiry into alleged misconduct. He filed writ petitions under Article 226 seeking payment of full salary during the suspension, invoking the Sastry Award as adopted by the bank. The Punjab and Haryana High…

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 …

The Karnataka State Financial Corporation (KSFC) sold the lease‑hold rights of the closed industrial concern Mysore Panel and Boards Pvt Ltd, whose 83 workmen had earlier been awarded statutory dues of Rs 29,17,062 by courts under Section 33‑C of the Industrial Disputes Act and the Payment of Gratuity Act. The workmen’…

The respondent, S. Rajulu, was employed as a packer by Aurofood Pvt. Ltd. and was suspended in 1981 for alleged misconduct, including insolent and filthy language towards superiors and a lady supervisor. A domestic enquiry found him guilty on two charges and the employer dismissed him after an unsatisfactory show‑cause…

The respondent, a bus conductor for APSRTC, was caught on 23 May 2000 issuing tickets of 0.50 paise instead of the correct fare of Rs 4 to sixteen illiterate female passengers, thereby pocketing an extra Rs 52. The management dismissed him, and the Labour Court upheld the dismissal as justified misconduct. The responde…

The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the Trade Unions Act, 1926 …

The S.G. Chemicals and Dyes Trading Employees' Union challenged the closure of the company’s Churchgate marketing and sales division, arguing that the closure violated section 25‑0 of the Industrial Disputes Act and amounted to an unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trad…

Ram Niwas Bansal, a bank officer, was charged with financial irregularities and dismissed on 23 April 1985. The High Court set aside the dismissal, directing reinstatement only to enable a fresh enquiry because the enquiry report had not been furnished, and ordered back‑wages until the earlier of superannuation or fina…

The respondent, a former peon of K.L.E. Society, filed a private complaint alleging offences under IPC ss.403, 405 and 415 r/w s.34, claiming that salary deductions were made without justification. The Judicial Magistrate took cognizance and issued process, prompting the society to move the Karnataka High Court under s…

The appellants, daily‑wage project employees, challenged their retrenchment by the State of Bihar, arguing that the notices issued under Section 25F of the Industrial Disputes Act, 1947 did not accompany the required compensation and that the compensation was not paid directly to them. The State contended that a one‑mo…

The landlord filed an eviction suit on 5 September 1994 under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging the tenant’s default in rent for months that fell more than three years before the suit. The tenant contended that the suit was barred because the limitation perio…

The appellant, a daily‑wage workman, was terminated in 1999 after being implicated in a criminal case, later acquitted, and filed an industrial dispute alleging violation of Section 25(f) of the Industrial Disputes Act, 1947. The Labour Court ordered his reinstatement with 50% back wages. The State of Haryana filed a w…

The Karnataka Government ran a Secretariat canteen through a committee and appointed workers on an ad‑hoc basis. The workers claimed they were state employees entitled to regularisation and pay parity with government staff. The Karnataka High Court, treating the canteen as a Government Hospitality Organisation, ordered…

Novartis India Ltd. transferred three senior sales representatives to distant locations; they refused to report, filed representations and civil suits, and were terminated without a domestic inquiry. The workmen raised an industrial dispute; the Industrial Tribunal held the termination illegal, denied reinstatement bec…

The petitioners, casual labourers employed for 10-16 years in the Northern Railway's construction department, filed writ petitions alleging they were denied temporary status, equal pay, and regularisation despite continuous service. The respondents contended that some petitioners had already been empanelled or given te…

Madura Coats Ltd., an industrial establishment in Tamil Nadu, faced a strike by its workmen from 21 January to 5 February 1976 over a bonus dispute. The strike included 26 January, a national holiday, for which the employer withheld wages. The Inspector of Factories ordered payment of wages for that day under the Tamil…

The employer, Post‑Graduate Institute of Medical Education and Research, terminated Raj Kumar after he had completed 240 days of service. The Labour Court held the termination illegal, ordered reinstatement with continuity of service and awarded only 60% of back wages, exercising its discretion under Sections 25‑B and …

Ranbir Singh, a daily‑wage worker employed by the Executive Engineering Public Works Department, was terminated in 1991 without the notice and retrenchment compensation mandated by Section 25F of the Industrial Disputes Act, 1947. The Labour Court held the termination illegal and ordered his reinstatement with back wag…

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 appellant, S.K. Verma, a Development Officer in the Life Insurance Corporation of India, was dismissed and the dispute was referred to an Industrial Tribunal. The Tribunal held that Development Officers were not "workmen" under s.2(s) of the Industrial Disputes Act, 1947, rendering the reference non‑maintainable. V…

The respondent, a former agricultural assistant of the Central Bank of India, was dismissed in 1982 on charges of impersonating his brother in a recruitment test. An industrial tribunal in 2008 held the dismissal unjustified and ordered reinstatement without back wages. The respondent filed a 2009 writ petition challen…

The respondent, a daily‑wage substitute to a regular EDA, claimed she had completed 240 days of service before 7 May 1985 and sought regularisation under a 13 Nov 1987 circular that allowed such substitutes to be appointed as EDAs in vacant posts. The Central Administrative Tribunal directed that if she had indeed comp…

The respondent was engaged on an ad‑hoc basis as a Junior Technician for successive 89‑day periods from 1990 to 1992, each appointment ending with a one‑ or two‑day gap before the next. She was terminated on 7 August 1992 and later raised an industrial dispute. The Labour Court ordered her reinstatement with back wages…

Ten workmen were employed by Sri Ganganagar Urban Co‑operative Bank in 1992 and were dismissed on 5 June 1992 without any prior notice or payment in lieu of notice. They filed an application before the Industrial Tribunal under Section 33(c‑2) of the Industrial Disputes Act seeking reinstatement with full back wages. T…

The respondent was engaged on daily wages for a state‑run project that was closed, leading to his discharge. He filed a claim under Section 10 of the Industrial Disputes Act seeking continuity of service and back wages. The Labour Court and the Karnataka High Court held that he was entitled to reinstatement with back w…

ELD Parry (India) Ltd. retired several employees who claimed a pension (retiring allowance) under General Office Order No. 26, 1943. The 1956 settlement between the company and the employees' union allowed workers to choose either gratuity or, in lieu of gratuity, a retiring allowance, but did not expressly abolish the…

Vijay Kumar Handa, a clerk of UCO Bank, was charged with gross misconduct and dismissed from service in 1999. The appellate authority modified the penalty to removal from service with entitlement to terminal benefits, stating that removal would not disqualify future employment. The bank later challenged the award of th…

The respondent, A.S. Raghavendra, was appointed by Bharti Airtel Limited as Regional Business Head (South) in the grade of Senior Manager (B2)‑Sales with a salary of Rs.22 lakh per annum and supervised four Account Managers. After resigning in 2011, he claimed his resignation was forced and filed a petition before the …

The respondent, a piece‑rated mazdoor, initially declared his date of birth as 27‑12‑1948 when he joined Barsua Iron Ore Mines in 1972, enabling him to meet the statutory minimum age of 18. In 1982 he altered his recorded birth date to 12‑03‑1955 without documentary proof, and only in 1998 submitted a school transfer c…

Mavji C. Lakum, a long‑serving peon of Central Bank of India, was repeatedly disciplined and eventually discharged for alleged misconduct. The Industrial Tribunal, exercising its power under Section 11‑A of the Industrial Disputes Act, held that the departmental inquiry was fair but the punishment of discharge was disp…

Awaz Prakashan Private Ltd closed its newspaper and retrenched reporter P.K. Pujari on 1 July 1989. The reporter claimed the retrenchment violated the Industrial Disputes Act, 1947 and obtained a Labour Court award for reinstatement with back wages. The employer later challenged the award, arguing that the Working Jour…

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…

The appellants, former contract workers of the Sudamdih Coal Washery project, sought to be absorbed as regular employees of Bharat Coking Coal Ltd (BCCL) and to receive retrenchment compensation. The Central Government referred their grievance to an Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1…

The case concerned several Extra‑Departmental Agents (EDAs) of the Postal Department who were terminated without notice. The appellants argued that EDAs are appointed under specific service rules and are not permanent employees, therefore the Postal Department is not an "industry" and the agents are not "workmen" under…

The respondent, Pratap Singh, worked as a peon for the Barara Cooperative Marketing‑cum‑Processing Society Ltd from 1973 until his termination in 1985. The Labour Court held the termination illegal and awarded him a lump‑sum compensation of Rs.12,500 in lieu of reinstatement, which he accepted. In 1993 he sought re‑emp…

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…

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…

Mahatma Mishra was appointed by the State Bank of India as a temporary messenger for a fixed period of 88 days in 1982 and was terminated thereafter. He claimed that the termination violated Section 25‑H of the Industrial Disputes Act, 1947 and sought reinstatement with full back wages. The Labour Court held the termin…

The appellant, an Income Tax Officer, was investigated by the CBI and found to hold assets disproportionate to his known income. Although the evidence was insufficient for criminal prosecution under Section 5(1)(e) of the Prevention of Corruption Act, 1947, a departmental inquiry proved the misconduct and dismissed him…

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…

The Karnataka State Road Transport Corporation terminated several probationary employees for unsatisfactory service, both during the initial and extended probation periods. The employees challenged the dismissals, arguing that the terminations did not constitute retrenchment and therefore were not subject to the proced…

Talwara Cooperative Credit & Service Society Ltd terminated clerk Sushil Kumar after two short spells of employment (1987-1990 and 1995-1997) citing financial losses. The Labour Court awarded reinstatement with full back wages, which the High Court upheld. The Society appealed to the Supreme Court, arguing that reinsta…

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…

Anita Nandrajog, an accounts clerk of Bank of Baroda, was absent without leave for more than 150 consecutive days on multiple occasions. The bank invoked Clause 17(b) of the Fifth Bipartite Settlement (dated 10‑April‑1989) and issued a notice on 26‑June‑1989 requiring her to report within 30 days, failing which she wou…

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…

The mill of Prakash Cotton Mills was forced to shut from 24 March to 10 June 1964 because essential raw materials were detained by excise authorities. The Rashtriya Mazdoor Sangh sought closure compensation for regular employees and Badli (casual) workers. The Labour Court ordered compensation at 50% of wages; the Indu…

The case concerned a workman who was dismissed by the Nava Naroda Gram Panchayat and later entered into a compromise with the Sarpanch for reinstatement and back wages. The Labour Court upheld the compromise, but the Gram Panchayat and Ahmedabad Municipal Corporation challenged its validity, arguing that the Sarpanch l…

The employee was dismissed after a domestic enquiry which the Labour Court held to be invalid. The employer then sought permission to adduce fresh evidence to justify the dismissal, but did so only after the preliminary issue on the enquiry's validity had been decided. The High Court dismissed the employer's writ petit…

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…

The Worth Trust, a charitable organization that also runs commercial factories, was challenged by its workers' union for payment of bonus and ex-gratia for the year 1996-97. The union argued that the workers, employed in the Trust's factories, fall within the definition of "workmen" under the Factories Act and are ther…

The Federation of Bank of India Staff Unions and an employee sought to have three workmen nominated as directors of the Bank of India under the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970. The Central Government rejected the panel because the candidates had less than three years of service…

The Food Corporation of India (FCI) employs contract labour through contractors. Contract labourers, organized by the Food Corporation of India Workers' Union, filed a writ petition under Article 32 seeking departmentalisation or, alternatively, the extension of benefits under the Contract Labour (Regulation and Abolit…

The workman, a senior dumper operator at West Bokaro Colliery of M/s TISCO Ltd., was charged with leaving work without permission and exhibiting indecent, riotous and disorderly behaviour after assaulting a security officer. A domestic inquiry found the charges proved beyond reasonable doubt and recommended dismissal, …

The Andhra Pradesh State Road Transport Corporation (AP SRTC) terminated certain employees who claimed they were its workers. The Labour Court held the termination illegal and ordered reinstatement, after which the employees sought back wages under Section 33-C(2) of the Industrial Disputes Act, 1947. The Labour Court,…

The transport wing of Tirupati Tirumala Devasthanam (TTD) was transferred to the Andhra Pradesh State Road Transport Corporation (APSRTC) in 1975. Some of the 850 transferred workmen opted to be governed by APSRTC’s rules, while others did not. The workers’ union claimed that, under Clause 13 of the transfer agreement,…

The River Steam Navigation Co. Ltd., operating a river service with about 8,000 employees, suffered heavy losses during the 1965 armed conflict with Pakistan and entered into a scheme of arrangement with the Central Inland Water Transport Corporation (CIWTC) that transferred assets but not the undertaking, and provided…