Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Alternative Remedy Judicial Review Extraordinary Jurisdiction Writ Discretionary Remedy Statutory Remedies |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India – Art.226 – Industrial Disputes Act, 1947 – Appeal against common judgment of the High Court of Kerala dated 09.01.2018 – Appellant was directed to prepare a list of casual labourers from amongst the Respondent and consider their claims for regularization in terms of State of Karnataka and Others v. Umadevi (2006) 4 SCC 1 – Respondents’ claimed before the High Court that they were working as casual labourers on contract basis with the appellant-Society for several years; engaged continuously for a period of 60 days and then on rotational basis; all of them were in continuous service for a period of over 240 days in a period of 12 calendar months; and ought to be treated as permanent workers under the provisions of ID Act; and that Appellant-Society is an organization covered under the provisions of the ID Act – Remedy under the ID Act not invoked by the Respondents – During pendency of conciliation proceedings before the District Labour, instead of seeking remedies under the ID Act, Respondents continued to press the writ petition filed by them – Respondents admittedly did not invoke the provisions of the ID Act after the conciliation proceedings had failed – Did not seek a reference of the dispute to the Competent authority – Submissions of the Appellant that Respondents were engaged purely on a casual basis; nominated from amongst the members of the Apex Cooperative Society and that Terms and conditions of the Circulars made it clear that the nominees would not have any right of permanent employment and further that none of the Respondents had worked for over 200 days in a calendar year and therefore not entitled to claim permanent employment. |
Judge | N/A |
Neutral Citation | 2024 INSC 230 |
Petitioner | Ernakulam Regional Cooperative Milk Producers Union Ltd. Etc. |
Respondent | Nithu & Ors. Etc. |
SCR | [2024] 1 S.C.R. 1235 |
Judgement Date | 2024-01-31 |
Case Number | 1462 |
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