Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of employees |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Employment (standing Orders) Act, 1946 (20 of 1946) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Industrial Employment (Standing Orders) Act, 1946 – Validity of transfers of employees – Terms contained in standing orders as opposed to terms of appointment – Reconcilable – Transfer of employees were valid under the Standing Orders and the terms of appointment. [Para 12-15] Industrial Employment (Standing Orders) Act, 1946 – Interpretation of terms of appointment and standing orders – Both read in conjunction permitted transfers to any department or establishment of the company – Nothing contained in the standing orders can operate in derogation or to the prejudice of the provisions as provided in the contract of service – No conflict between the terms of appointment and standing orders – Principles established in Cipla Ltd. v. Jayakumar R. and Another, (1999) 1 SCC 300 examined – Squarely applicable to the instant case. [Paras 11, 14] Industrial Employment (Standing Orders) Act, 1946 – Larger issue regarding the power of modification of the standing order not considered in the instant appeal – To be adjudicated in an appropriate proceeding – High Court erred by deciding the petitions without discussing the reasoning adopted by the Tribunal – Impugned order not sustainable – quashed and set aside. [Paras 16, 24] Held: The Supreme Court reiterated the principle that standing orders should be read in conjunction with the employment contracts/ appointment orders to determine the scope of transferability of employees – The Supreme Court also observed that the law laid down in Cipla Ltd. vs Jayakumar R. and Another (1999) 1 SCC 300 was squarely applicable to the present case – Transfers of employees were held to be lawful – The appeals were accordingly disposed of. [Paras 12-25] |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2024 INSC 959 |
Petitioner | M/s. Divgi Metal Wares Ltd. |
Respondent | M/s. Divgi Metal Wares Employees Association & Anr. |
SCR | [2024] 3 S.C.R. 959 |
Judgement Date | 2024-03-21 |
Case Number | 2032 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |