| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Members of the Union Scope of remand Construction work Non-governmental bodies Workmen Industrial establishment Commercial element Industrial Disputes Claim Permanent status to workmen Inspector of Labour Regularisation |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) Tamil Nadu Industrial Establishments (conferment of Permanent Status to Workmen) Act, 1981 (46 of 1981) Tamil Nadu Shops and Establishment Act, 1947 (36 of 1947) Companies Act, 1956 (1 of 1956) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Whether the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 would apply to the parties; whether the Corporation can be termed as an industrial establishment as per the provisions of the Tamil Nadu Shops and Establishments Act, 1947; and whether the members of the Union would qualify as workmen and thus, would be eligible for permanent status u/s. 3 of the Act; and whether the suggestion to institute an ‘Industrial Disputes Claim’ questioning non-employment was sustainable, given that the Inspector of Labour had already passed orders in that regard. HeadnotesTamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 – s. 2(3), 7 – Tamil Nadu Shops and Establishments Act, 1947 – ss. 2(3), 2(6) – Employees of Government Corporation sought regularisation – Inspector of labour conferred permanent status to the workmen – High Court upheld the same and directed to provide employment to the employees – Cross appeals – Issue as regards, applicability of the 1981 Act to the parties – Corporation, if could be termed as an industrial establishment as per the 1947 Act – Members of the Union, if would qualify as workmen and thus, would be eligible for permanent status u/s. 3 of the Act – High Court on remand, if could have ignored the order of the Inspector of Labour and suggested to institute an ‘Industrial Disputes Claim’ questioning non-employment |
| Judge | Hon'ble Mr. Justice Sanjay Karol |
| Neutral Citation | 2024 INSC 446 |
| Petitioner | Tamil Nadu Medical Services Corporation Limited |
| Respondent | Tamil Nadu Medical Services Corporation Employees Welfare Union & Anr. |
| SCR | [2024] 5 S.C.R. 596 |
| Judgement Date | 2024-05-17 |
| Case Number | 6511 |
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