Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws-Appointment-On contractual basis-Against non-existing post By Land Acquisition Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws - Appointment - On contractual basis - Against non-existing post By Land Acquisition Officer - For looking after land acquisition proceedings pertaining to land acquired for a Company - Salary to the employee paid by the Company - Termination of the employee - Industrial dispute alleging violation of provision of U.P. Industrial Disputes Act - Labour Court directing reinstatement on the ground that there existed relationship of employer and employee between the Company and the employee - High Court not interfering with the matter - On appeal, held: Services of the employee were required by the Land Acquisition Officer and not the Company - Hence there did not exist relationship of employer and employee between the employee and the Company - Order of reinstatement was wrong in view of appointment against a non-existing post and in view of the fact that appointment was on contractual basis - High Court should have determined the disputed question of relationship of employer and employee, in presence of all the interested parties i.e. also Land Acquisition Officer - Uttar Pradesh Industrial Disputes Act.Constitution of India, 1950 - Article 226 - Judicial review - Labour matter - Interference with disputed question of fact - Permissibility - Held: When existence of the relationship of employer and employee is disputed, interference is permissible.State acquired land for the appellant-Company. Acquiring Authority engaged first respondent as a daily wager for a temporary period to look after the pending acquisition cases. The expenses threreof were brone by the appellant. After expiry of the period, his services were terminated. Respondent raised industrial dispute challenging his termination. Labour Court held that there existed a relationship of employer and employee between the appellant and first respondent; that the respondent was entitled to notice pay and retrenchment compensation having worked for more than 240 days. He was directed to be reinstated with back wages. The Writ Petition thereagainst was dismissed by High Court on the ground that it could not determine disputed question of fact in exercise of its jurisdiction under Article 226 of the Constitution of India, 1950. Intra-Court appeal was also dismissed by Division Bench of High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1045 |
Petitioner | G.m. Tanda Thermal Power Project |
Respondent | Jai Prakash Srivastava And Anr. |
SCR | [2007] 11 S.C.R. 46 |
Judgement Date | 2007-10-11 |
Case Number | 4809-10 |
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