Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws: Industrial dispute |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws: Industrial dispute - By daily wagers working for more than a decade :- Against department of Central Government - Seeking regularization of service - Stand of department that it was not the employee as appointment was on behalf of the licencees undertaking the work - On appeal, held: Relationship of employer and employee established- But employees cannot be regularized against a non-existent post - Recruitment was made without compliance of Articles 14 and 16 of the Constitution and beyond the scope of statutory , rules -The employees, however, were entitled to minimum wages - In the peculiar facts of the case, direction to confer all benefits given to similarly situated retired employees and in absence thereof to pay compensation - Central Excise Rules, 1944 - rr. 121, 129 and 130 - Central Excise and Salt Act, 1944 - Constitution of India, 1950 - Articles 14, 16, 177 and 309.Jurisdiction - Industrial dispute against Central Government Department- Jurisdiction of Labour Court- Held: After enactment of Administrative Tribunal Act, 1985, labour court had no jurisdiction to decide such question - But such plea cannot be permitted to be raised for the first time before Supreme Court - Administrative Tribunal Act, 1985 - Plea - Practice and Procedure. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 199 |
Petitioner | Management, The Assistant Salt Commissioner |
Respondent | Secretary, Central Salt Mazdoor Union |
SCR | [2008] 2 S.C.R. 1056 |
Judgement Date | 2008-02-15 |
Case Number | 1324 |
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