Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 Fifth Schedule Re-employment of retrenched workmen |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes (amendment) Act, 1964 (36 of 1964) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947:s. 25H, item 10, Part I, Fifth Schedule - Re-employment of retrenched workmen - Contract workers under the contractor in rice mill of the Corporation - Closure of rice mill - Termination of contract system - Said workmen employed by the Corporation as casual employees on daily wage basis - Workmen seeking regularization of services - Award by the tribunal to absorb the causal workmen holding that there was unfair trade practice on the part of the Management of the Corporation - Upheld by the Single Judge, however, set aside by the Division Bench of the High Court - On appeal, held:. No plea was taken by the Corporation either before the State Government or before the Tribunal that the initial appointment of workmen were illegal or they were appointed through back door means - Thus, in absence of any such plea, the Division Bench of the High Court not justified in holding that initial. appointments of workmen were in violation of Arts. 14 and 16 and in denying the benefit to which the workmen were entitled - Tribunal gave a specific finding of unfair trade practice on the part of the Management of the Corporation - Having accepted that there was unfair trade practice, the Division Bench erred in interfering with the award - Constitution of India, 1950 - Arts. 14 and 16.s. 2(ka) - Industrial establishment or undertaking - Held: Not only includes the State Public Undertakings, the Subsidiary Companies and Autonomous bodies owned or control by the State Government or Central Government but also the private industries and undertakings - Act applies to all such industries - If any unfair labour practice is committed by any of these industrial establishment, labour court/tribunal would decide the .same.s. 20), 2(k), 2(ra) -' Unfair labour in the services of the 'State' and in private establishment or . undertaking - Arts. 14 and 16, when attracted - Held: Arts. 14 and 16 are attracted in the matter of appointment in the services of the 'State' but not in case of appointment in private establishment or undertaking - However, undertaking of the Government, cannot justify its illegal action including unfair labour practice nor can ask for different treatment on account of Arts. 14 and 16 - Constitution of India, 1950 - Arts. 14 and 16. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 848 |
Petitioner | Durgapur Casual Workers Union & Ors. |
Respondent | Food Corporation Of India & Ors. |
SCR | [2014] 12 S.C.R. 377 |
Judgement Date | 2014-12-09 |
Case Number | 10856 |
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