| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1947-Section 2-F 25FFF(2) and 25--G Labour Law-Industrial Disputes Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Labour Law-Industrial Disputes Act, 1947-Section 2-F, 25FFF(2) and 25--G---Undertaking-Construction work of non-permanent nature at different sites by Government Company-Whether part of an establishment.Words & Phrase-"Functional Integrity''-Meaning ofLabour Law-Industrial Disputes Act, 1947-Retrenchment-Relief Reinstatement or compensation.Constitution of India-Special Leave Petition-Art. 136-Supreme Court substituting its opinion for that of Tribunal-Power of. The appellant, Hindustan Steel Works Construction Limited, a company wholly owned and controlled by the Government of India, had taken up construction of industrial and engineering plants both within the country and abroad. For its project at Hyderabad the company had engaged 230 workmen. Upon conclusion of the project 100 workers were retrenched and 130 workers were transferred to Vishakhapatnam where another project had been undertaken. The retrenched workers appealed the High Court which dismissed the same due to the availability of alternative remedy of reference to the Industrial Tribunal. Re-instatement of the 100 workers with full back wages and other consequential benefits was ordered by the Tribunal upon reference.The appellant question the award in a writ petition. The High Court holding Hyderabad project to be a separate establishment quashed the award except with respect to three workers who had been transferred from a project at Bokaro.Two appeals were filed, one by the appellant against retention of the three workers and the other by the respondent against retrenchment of the 97 workers. The Division Bench restored the award of the Industrial Tribunal in full holding that there was no closure of the appellant's establishment, there was functional integrality between the workmen at the Vizag unit and the unit at Hyderabad, the two units were not separate establishments but components of one single establishment and as such it was incumbent upon the appellant to absorb the surplus workers of Hyderabad at Vishakhapatnam. The questions before this Court were : (1) Whether the work at Hyderabad had come to an end? (2) Whether the units at Hyderabad were independent establishments or were they parts of the larger establishment of the appellant? |
| Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
| Neutral Citation | 1995 INSC 109 |
| Petitioner | Hindustan Steel Works Construction Ltd. Etc. |
| Respondent | Hindustan Steel Works Construction Ltd. Employees Union, Hyderabad And Anr. Etc. |
| SCR | [1995] 2 S.C.R. 10 |
| Judgement Date | 1995-02-10 |
| Case Number | 4079-80 |
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