RAM GOPAL DWIVEDI versus M/S KANPUR ELECTRICITY SUPPLY CO. LTD. THROUGH ITS GENERAL MANAGER

RAM GOPAL DWIVEDI versus M/S KANPUR ELECTRICITY SUPPLY CO. LTD. THROUGH ITS GENERAL MANAGER

Apprentices, upon completion of their training and in accordance with contractual terms, cannot be declared workers under the relevant industrial laws and are not entitled to reinstatement or back wages after termination; High Court correctly relied on the Supreme Court precedent and set aside the Labour Court's...

Source-derived case information.

Parties
Appellant: Ram Gopal Dwivedi; Respondent: M/S Kanpur Electricity Supply Co. Ltd. through its General Manager
Jurisdiction
India
Judgment Date
25 July 2017
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Order
Outcome
appeals dismissed
Legal Topics
Termination of Services, Industrial Dispute, Apprenticeship, Reinstatement, Back Wages
Labour Law Industrial Law Termination of Services Industrial Dispute Apprenticeship Reinstatement Back Wages

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Summary, issues, holding and outcome

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Parties

Ram Gopal Dwivedi

Appellant

M/S Kanpur Electricity Supply Co. Ltd. through its General Manager

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Order

  1. 1 Whether the termination of the appellants (workmen) was legal and proper
  2. 2 Whether the appellants, engaged as trade apprentices, are entitled to reinstatement and back wages upon termination

Ratio Decidendi

Apprentices, upon completion of their training and in accordance with contractual terms, cannot be declared workers under the relevant industrial laws and are not entitled to reinstatement or back wages after termination; High Court correctly relied on the Supreme Court precedent and set aside the Labour Court's awards.

Court Disposition

appeals dismissed

Orders

  • No merit found in the appeals, appeals dismissed