Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. 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: U.P. Industrial Disputes Act, 1947: Section 2(k). Industry - Scope and ambit of - Municipal Board - General Administrative Department Employees of - Held : Covered under S. 2(k) - Industrial Disputes Act, 1947, S. 2(j). Section 2(z) - "Workman" - Scope and ambit of - Typist/Clerk - ln administrative office of Municipal Board - Held: Covered under S. 2(z). Retrenchment - Procedure for - Under S. 6-P - Applicability of S. 6-N - Held: S. 6-P does not require any particular period of continuous service as required by S. 6-N - Hence, High Court erred in denying relief to the workmen on the ground that he had put in only a few years' service (three and a half month's service). Retrenchment - Procedure for - Under S. 6-P - Deviation from - Permissibility of - Rule of 'first come, last go' - Applicability of - To daily-wage employees - Held : Rule applicable to daily-wage employees also - It is permissible for the employer to deviate from this Rule in case of lack of efficiency or loss of confidence - But the burden will be on the employer to justify the deviation - In the absence of such justification termination of a daily-wage employee is violative of S. 6-P. Termination of service - Proper remedy against - Typist/Clerk in Administrative office of Nagar Palika - Held: Being a Workman in an industry the proper remedy against termination of his service is under S. 4-K and not under U.P. Public Services (Tribunal) Act - U.P. Public Services (Tribunal) Act, 1976, S. 1(4)(e) - Service Law. Words and Phrases : "Industry'' - Meaning of - In the context of S. 2(k) of the U.P. Industrial Disputes Act, 1947. "Workman'' - Meaning of - In the Context of S. 2(z) of the U.P. Industrial Disputes Act, 1947. "Ordinarily'' - Meaning of - In the context of S. 6-P of the U.P. Industrial Disputes Act, 1947. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 89 |
Petitioner | Samishta Dube |
Respondent | City Board, Etawah And Anr. |
SCR | [1999] 1 S.C.R. 930 |
Judgement Date | 1999-02-26 |
Case Number | 1279 |
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