Category: Labour Cases

Decided on : 06-12-2019 After having accepted the appointment in FCI as per the Office Order dated 18.09.1973, it is not open to the Appellant-Union to take up the cause of the work charge employees and claim on their behalf benefits similar to those granted to the regular employees. – Appeals dismissed.

SUPREME COURT OF INDIA DIVISION BENCH KANDLA PORT WORKERS UNION @APPELANT Vs. FCI AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal…

Industrial Disputes Act, 1947 – Sections 11A and 33(2)(b) – Misconduct – Order of dismissal – Domestic enquiry -The Labour Court or Tribunal, therefore, while holding enquiry under Section 33(2)(b) cannot invoke the adjudicatory powers vested in them under Section 10(i)(c) and (d) of the Act nor can they in the process of formation of their prima facie view under Section 33(2)(b), dwell upon the proportionality of punishment, as erroneously done in the instant case, for such a power can be exercised by the Labour Court or Tribunal only under Section 11A of the Act – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH JOHN D’SOUZA — Appellant Vs. KARNATAKA STATE ROAD TRANSPORT CORPORATION — Respondent ( Before : Sanjay Kishan Kaul and Surya Kant, JJ. ) Civil…

Contract Labour (Regulation and Abolition) Act, 1970 – Sections 10, 10(1) and 10(2) – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Prohibition of employment of contract labour – Non impleading recognised unions in proceedings – This in our opinion has resulted in prejudice for those who, given the opportunity, could have apprised the High Court with all facts and the detailed study/discussion by the Sub-Committees, preceding the 08.09.1994 notification.

SUPREME COURT OF INDIA FULL BENCH ONGC LABOUR UNION — Appellant Vs. ONGC DEHRADUN AND OTHERS — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. )…

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