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Supreme Court

Supreme Court Allows Trade Union's Appeal in Standing Order Modification Case on Grounds of Substantive Justice Over Technicality. The Court Held That When Employer and Employees Have Consented to Modification Through Settlements Under Section 18(1) of Industrial Disputes Act, 1947, Technical Objections Regarding Locus Standi Under Section 38(2) of Maharashtra Industrial Relations Act, 1946 Cannot Be Raised at Implementation Stage.

6 Jul 2021

The dispute centered on whether a registered trade union had locus standi to apply for modification of a standing order under Section 38(2) of the Mah...

Supreme Court

Supreme Court Allows Government Appeal in ISRO Drivers Association Recognition Case — Association Formed on Job Description Not a 'Distinct Category' Under Rule 5(c) of CCS (Recognition of Service Associations) Rules, 1993. The Court held that the expression 'distinct category' must be determined by the concerned Ministry/Department based on functional, administrative and organizational set up, and not merely on job description.

10 Aug 2020

The Government of India and others appealed against the judgment of the Division Bench of the High Court of Andhra Pradesh which had directed the appe...

Supreme Court

Supreme Court Upholds Government Orders on Full Wage Payment During Lockdown Under Disaster Management Act. Employers Must Pay Full Wages to Workers During COVID-19 Lockdown Period, Section 10(2)(l) of Disaster Management Act, 2005 Valid.

12 Jun 2020

The Supreme Court of India heard a batch of writ petitions filed by employers and employers' associations challenging the constitutional validity of o...

High Court

Supreme Court Partly Allows Appeal of Daily-Wage Employee in Unfair Labour Practice Case, Enhances Compensation. Reinstatement Denied Due to Long Gap and Illegal Entry, but Compensation Increased from Rs.50,000 to Rs.1,50,000 Under Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 and Industrial Disputes Act, 1947.

31 Jul 2019

The appellant, Dharamraj Nivrutti Kasture, was appointed as a daily-wage peon in Zilla Parishad on 23.03.1983 for two months, and his services were di...

Supreme Court

Supreme Court Allows Trade Union to File as Operational Creditor Under IBC — Workers' Dues Constitute Operational Debt. Trade Union, Being a Body Corporate Under Trade Unions Act, Can Represent Workmen Collectively for Insolvency Proceedings.

30 Apr 2019

The appeal arose from a long-standing dispute concerning a jute mill that had been closed permanently on 07.03.2014. The appellant, JK Jute Mill Mazdo...

Supreme Court

Supreme Court Dismisses Appeal Against Impleadment Denial in Industrial Dispute — Holding Company Not Necessary Party in Reference Proceedings. The court held that Lufthansa German Airlines, as a holding company, is not a necessary or proper party to adjudicate a reference concerning retrenchment by its subsidiary under Section 10(4) of the Industrial Disputes Act, 1947.

23 Apr 2019

The appellant, Globe Ground India Employees Union, raised an industrial dispute regarding the closure of establishment and retrenchment of 106 workmen...

Supreme Court

Supreme Court Dismisses Appeal of Workers' Union Seeking Impleadment of Holding Company in Industrial Dispute. Holding Company Not a Necessary Party in Reference Proceedings Under Industrial Disputes Act, 1947.

23 Apr 2019

The appellant, Globe Ground India Employees Union, filed an industrial dispute challenging the closure of M/s Globe Ground India Private Ltd. (second ...

Supreme Court

Supreme Court Closes Petition on Dabhol Power Project Inquiry Due to Long Delay. Accountability of State Examined but No Further Inquiry Ordered.

11 Apr 2019

The petitioner, Center of Indian Trade Unions, challenged the execution of Power Project Agreements (PPA) by the Maharashtra State Electricity Board (...

Supreme Court

Supreme Court Allows Appeals of Public Sector Undertaking in Industrial Dispute — Res Judicata Bars Re-adjudication of Retirement Age Issue. The Court held that a reference under Section 10 of the Industrial Disputes Act, 1947, is barred when the same issue has been finally decided by the High Court and Supreme Court in earlier proceedings.

11 Apr 2019

The appeals arose from a dispute between the Fertilizers and Chemicals Travancore Ltd. (FACT), a public sector undertaking, and its trade unions regar...

Supreme Court

Supreme Court Allows Union of India's Appeal Against High Court's Mandamus to Regularize Casual Workers in Border Roads Organization. Court Holds That Framing of Schemes Is Government's Prerogative and High Court Exceeded Its Powers Under Article 226.

15 Mar 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Uttarakhand High Court, which had directed the regulariza...

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