CAPARO ENGINEERING INDIA LTD. versus UMMED SINGH LODHI AND ANR.

CAPARO ENGINEERING INDIA LTD. versus UMMED SINGH LODHI AND ANR.

The transfer of nine employees from Dewas to Chopanki without complying with Section 9A and Fourth Schedule was unlawful because on the evidence it changed their service conditions and nature of work (they would become supervisors), reduced the number of workers at Dewas and amounted to arbitrary, mala fide victimisation; therefore the Labour Court award setting aside the transfers was correctly confirmed and the appeals were dismissed.

Parties
Appellant: Caparo Engineering India Ltd.; Respondent: Ummed Singh Lodhi and Anr.
Jurisdiction
India
Judgment Date
26 October 2021
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against High Court Judgment Confirming Labour Court Award
Outcome
Appeals dismissed
Legal Topics
Transfer of Workmen, Section 9 a, Fourth Schedule, Workman Status, Unfair Labour Practice, Victimisation, Notice of Change
Labour Law Industrial Disputes Act, 1947 Constitutional Law (article 226/227) Transfer of Workmen Section 9 a Fourth Schedule Workman Status Unfair Labour Practice +2 more

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Parties

Caparo Engineering India Ltd.

Appellant

Ummed Singh Lodhi and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against High Court Judgment Confirming Labour Court Award

Legal Issues

  1. 1 Whether the transfer of workmen from Dewas to Chopanki without notice violated Section 9A of the Industrial Disputes Act, 1947 and Fourth Schedule
  2. 2 Whether the transfer changed the nature of work/service conditions (from workman to supervisor) attracting Section 9A
  3. 3 Whether the concerned employees were 'workmen' within Section 2(s) of the Industrial Disputes Act

Ratio Decidendi

The transfer of nine employees from Dewas to Chopanki without complying with Section 9A and Fourth Schedule was unlawful because on the evidence it changed their service conditions and nature of work (they would become supervisors), reduced the number of workers at Dewas and amounted to arbitrary, mala fide victimisation; therefore the Labour Court award setting aside the transfers was correctly confirmed and the appeals were dismissed.

Court Disposition

Appeals dismissed

Orders

  • The appellant shall comply with the Labour Court judgment and award as confirmed by the High Court
  • All concerned workmen shall be entitled to consequential benefits including arrears of salary, wages and retirement benefits as if they were not transferred from Dewas and continued to work at Dewas