LEGAL ISSUE: Whether an unrecognized union can represent workers in industrial disputes when there is no recognized union. CASE TYPE: Industrial Dispute Case Name: Hind Kamgar Sanghatana vs. Dai Ichi Karkaria Ltd. and Anr. Judgment Date: 18 July 2017 Date of the Judgment: 18 July 2017 Citation: Civil Appeal No. 9222 of 2017 [@ Special […]
Can a dismissed employee be granted continuity of service without full back wages? The Supreme Court of India addressed this question in a case involving Eastern Coalfields Ltd. and one of its dismissed employees. The court, while acknowledging the employee’s right to continuity of service, limited the back wages to be paid. This judgment clarifies
LEGAL ISSUE: Whether delay in raising an industrial dispute affects the relief granted to a workman whose termination is found illegal. CASE TYPE: Industrial Dispute Case Name: Assistant Engineer, Rajasthan State Agriculture Marketing Board, Sub-Division, Kota vs. Mohan Lal Judgment Date: 16 August 2013 Date of the Judgment: 16 August 2013 Citation: (2013) INSC 595
LEGAL ISSUE: Whether termination of service on expiry of a fixed-term contract constitutes retrenchment under the Industrial Disputes Act, 1947. CASE TYPE: Labour Law Case Name: Bhavnagar Municipal Corporation vs. Salimbhai Umarbhai Mansuri Judgment Date: 16 July 2013 Introduction Date of the Judgment: 16 July 2013 Citation: 2013 INSC 507 Judges: K.S. Radhakrishnan, J., Pinaki
Introduction Date of the Judgment: October 03, 2008 Citation: Civil Appeal No. 4445 of 2006 Judges: Tarun Chatterjee, J., Harjit Singh Bedi, J. Does a part-time employee qualify as a workman under the Industrial Disputes Act, entitling them to protection against unlawful retrenchment? The Supreme Court addressed this critical question in the case of Div.
Introduction Date of the Judgment: October 1, 2008 Citation: Civil Appeal No. 5951 of 2008 [Arising out of SLP (Civil) No. 336 of 2005] Judges: S.B. Sinha, J., Cyriac Joseph, J. When an employee’s services are terminated, what factors should an Industrial Court consider when deciding whether to reinstate the employee with back wages? The
Introduction Date of the Judgment: September 25, 2008 The Supreme Court of India addressed the question of whether an industrial dispute referred by the Government of West Bengal under Section 7-A of the Industrial Disputes Act, 1947, was valid, especially when the workers had previously acknowledged their status as contract laborers. The core issue revolves
Date of the Judgment: September 11, 2008 Judges: Justice R. V. Raveendran and Justice Lokeshwar Singh Panta Can a social welfare organization be compelled to regularize a daily wage employee based on State Government policies? The Supreme Court addressed this question in the case of Haryana Rajya Sainik Board-cum-Defence & Security Relief Fund & Member
Introduction Date of the Judgment: March 5, 2008 Judges: Dr. Arijit Pasayat, J., P. Sathasivam, J. Can daily wage employees claim statutory bonus through an application under Section 33-C(2) of the Industrial Disputes Act, 1947? The Supreme Court addressed this question in a batch of appeals concerning the Himachal Pradesh State Electricity Board’s denial of
Introduction Date of the Judgment: 31st October 2006 Citation: [2006] INSC 514 Judges: S.B. Sinha and Markandey Katju When a worker is hired on a daily-wage basis, are they entitled to the same protections as permanent employees if their services are terminated? The Supreme Court of India addressed this issue in a case involving the
Introduction Date of the Judgment: 19th July 2005 Citation: [Not Available in Source] Judges: S.N. Variava and Dr. AR. Lakshmanan In a dispute concerning contributions to the Employees’ State Insurance Corporation (ESIC), the Supreme Court of India addressed whether certain payments made to employees, initially termed as ‘ex-gratia’ in a compromise, should be considered as
Date of the Judgment: 25 August 2004 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: N. Santosh Hegde & S.B. Sinha Can an employer’s failure to strictly comply with the legal requirements for retrenching an employee be excused if the employer acted in good faith? The Supreme Court
