LAXMAN versus STATE INDUSTRIAL COURT & ORS.

LAXMAN versus STATE INDUSTRIAL COURT & ORS.

A combined reading of s.2(10) with s.2(12) and (13) shows that employees who have ceased to be in service are covered under the definition of 'employee' if their cessation is due to an industrial dispute; the question of reinstatement itself forms an industrial dispute, making a dismissed, discharged, or retrenched employee entitled to approach the authority under s.16 for redress.

Parties
Appellant: Laxman; Respondents: State Industrial Court & Ors.
Jurisdiction
India
Judgment Date
11 March 1974
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 11th March 1967 of the Bombay High Court (nagpur Bench)
Outcome
Appeal allowed
Legal Topics
Industrial Disputes, Definition of Employee, Jurisdiction of Labour Authorities, Reinstatement and Compensation
Labour Law Industrial Disputes Definition of Employee Jurisdiction of Labour Authorities Reinstatement and Compensation

Case Brief

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Parties

Laxman

Appellant

State Industrial Court & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 11th March 1967 of the Bombay High Court (nagpur Bench)

Legal Issues

  1. 1 Whether a dismissed, discharged or retrenched employee is an 'employee' under s.2(10) of the C.P. and Berar Industrial Disputes Settlement Act, 1947, and can invoke the jurisdiction of the authority under the Act for redress

Ratio Decidendi

A combined reading of s.2(10) with s.2(12) and (13) shows that employees who have ceased to be in service are covered under the definition of 'employee' if their cessation is due to an industrial dispute; the question of reinstatement itself forms an industrial dispute, making a dismissed, discharged, or retrenched employee entitled to approach the authority under s.16 for redress.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the High Court set aside
  • Case remanded to the High Court for disposal according to law