Category: Labour Cases

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. )…

High Court was not justified in passing orders from time to time to secure presence of the officers. The officers of the State discharge public functions and duties. The orders are generally presumed to be passed in good faith unless proved otherwise. The officers pass orders as a custodian of public money. Therefore, merely because an order has been passed, it does not warrant their personal presence. The summoning of officers to the court to attend proceedings, impinges upon the functioning of the officers and eventually it is the public at large who suffer on account of their absence from the duties assigned to them. The practice of summoning officers to court is not proper and does not serve the purpose of administration of justice

SUPREME COURT OF INDIA DIVISION BENCH SHRI N.K. JANU, DEPUTY DIRECTOR SOCIAL FORESTARY DIVISION, AGRA AND OTHERS — Appellant Vs. LAKSHMI CHANDRA — Respondent ( Before : Sanjay Kishan Kaul…

Industrial Disputes Act, 1947, S. 17-B-Termination of Service–Non recovery of excess amount paid to employee–If the Court/Tribunal, eventually upholds the termination order as being legal against the workman, yet the employer will have no right to recover the amount already paid by him to the delinquent workman pursuant to order passed under Section 17-B of the ID Act during pendency of these proceedings      

2019(1) Law Herald (SC) 829 : 2019 LawHerald.Org 718 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal Nos.…

Since we have formed an opinion to dispose of this appeal by awarding to the respondent a lump sum compensation of Rs. one Lakh in lieu of his all claims arising out of this case, we do not consider it necessary to examine any legal issue arising in the case though argued by the learned counsel for the parties in support of their respective contentions.

SUPREME COURT OF INDIA DIVISION BENCH THE REGIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. DINESH SINGH — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari,…

Industrial Disputes Act, 1947 – Section 10 – Claim for Regularization – Industrial reference – High Court was right in observing that the remedy of the appellant and respondent Nos. 4­6 lies in applying to the Central Government to make an industrial reference to the Industrial Tribunal under Section 10 of the ID Act

SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR BISWAS — Appellant Vs. ORDINANCE FACTORY BOARD AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ. )…

Equal pay for equal work–Application of the principle of equal pay for equal work cannot be claimed merely because there was delegation of certain power–Claim of the Respondent for a higher pay scale is on the ground that he was discharging the duties of a higher post, without, giving any factual details–Claim untenable

2009(1) LAW HERALD (SC) 551 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 318…

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