Supreme Court of India Judgements

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Category: Labour Cases

Labour Cases

Industrial Disputes Act, 1947 – Section 9A – Transferring the respective workman from Dewas to Chopanki, which is at about 900 Kms. away is in violation of Section 9A read with Fourth Schedule of the Industrial Disputes Act and is arbitrary, mala fide and victimization – By such transfer, their status as “workman” would be changed to that of “supervisor” – By such a change after their transfer to Chopanki and after they work as supervisor they will be deprived of the beneficial provisions of the Industrial Disputes Act and, therefore, the nature of service conditions/service would be changed.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CAPARO ENGINEERING INDIA LIMITED — Appellant Vs. UMMED SINGH LODHI AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Labour Cases

Industrial Disputes Act, 1947 – Sections 25L and 25N – Termination – Held, Irrigation Department of state will not be an Industrial Establishment within the meaning of Section 25L – Labour Court as well the learned Single Judge and the learned Division Bench of the High Court have not adverted to the question whether the Irrigation Department of the state is an Industrial Establishment within the meaning of Section 25L – There is no finding recorded that the Irrigation Department of the state is doing manufacturing activity as provided in sub-clause (k) of Section 2 of the Factories Act – Termination of the employment of the respondent was legal and valid – Appeal allowed.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. SOMDUTT SHARMA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Labour Cases

Industrial Disputes Act, 1947 – Section 11­A – Dismissal – Allegation of drunkenness – Its jurisdiction under Section 11­A of the Act 1947 although is a wide one but it must be judiciously exercised – Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so – Award passed by the Tribunal and confirmed by the High Court under impugned judgment is not sustainable in law – Appeal allowed.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STANDARD CHARTERED BANK — Appellant Vs. R.C. SRIVASTAVA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No(s).…

Labour Cases

Industrial Disputes Act, 1947 – Section 25F – Direction for reinstatement HELD when it comes to the case of termination of a daily-wage worker and where the termination is found illegal because of a procedural defect, namely, in violation of Section 25-F of the Industrial Disputes Act, this Court is consistent in taking the view that in such cases reinstatement with back wages is not automatic and instead the workman should be given monetary compensation which will meet the ends of justice. Rationale for shifting in this direction is obvious.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM MANOHAR LOHIA JOINT HOSPITAL AND OTHERS — Appellant Vs. MUNNA PRASAD SAINI AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…

Labour Cases

HELD no factory/classes of factories could be exempted from compliance of the Factories Act, unless an ‘internal disturbance’ causes a grave emergency that threatens the security of the state, so as to constitute a ‘public emergency’ Pandemic is not emergency. Gujarat notification quashed.

Oct 1, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH  GUJARAT MAZDOOR SABHA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Labour Cases

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order HELD “No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out”

Jun 13, 2020 sclaw

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order [Read Order] LIVELAW NEWS NETWORK 12 Jun 2020 10:58 AM The Supreme…

Labour Cases

[Employee’s Compensation Act] Relevant Date For The Determination Of Compensation Payable Is The Date Of The Accident: SC HELD ….benefit of 2009 amendment of the Act which had deleted the provision that capped the monthly wages of an employee at Rs 4,000 does not apply to accidents that took place prior to its coming into force……. Award not interfered.

Feb 13, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. SIVARAMAN AND OTHERS — Appellant Vs. P. SATHISHKUMAR AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay Rastogi, JJ.…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw