TRIVENI ENGINEERING & INDUST. LTD. versus JASWANT SINGH & ANR.

TRIVENI ENGINEERING & INDUST. LTD. versus JASWANT SINGH & ANR.

The Labour Commissioner, under Clause 'W' of the Standing Orders and corresponding statutory provisions, cannot decide on factual issues such as whether an employee is a 'workman' or the legitimacy of transfer or termination orders; such matters require adjudication by a competent court empowered to consider evidence. Consequently, the Division Bench erred in remitting the matter to the Labour Commissioner for determination of the nature of service.

Parties
Appellant: Triveni Engineering & Indust. Ltd.; Respondent No. 1: Jaswant Singh; Respondent No. 2: Unknown (ANR.)
Jurisdiction
India
Judgment Date
11 August 2010
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Division Bench Judgment of Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Applicability and Interpretation of Standing Orders, Jurisdiction of Labour Commissioner, Definition of Workman
Labour Law Industrial Law Applicability and Interpretation of Standing Orders Jurisdiction of Labour Commissioner Definition of Workman

Case Brief

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Parties

Triveni Engineering & Indust. Ltd.

Appellant

Jaswant Singh

Respondent No. 1

Unknown (ANR.)

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Division Bench Judgment of Allahabad High Court

Legal Issues

  1. 1 Whether the Labour Commissioner has jurisdiction to decide if a person is a workman under the U.P. Industrial Disputes Act, 1947 in the context of Standing Orders.
  2. 2 Whether the enquiry before the Labour Commissioner can include examination of the legality of transfer and termination orders.

Ratio Decidendi

The Labour Commissioner, under Clause 'W' of the Standing Orders and corresponding statutory provisions, cannot decide on factual issues such as whether an employee is a 'workman' or the legitimacy of transfer or termination orders; such matters require adjudication by a competent court empowered to consider evidence. Consequently, the Division Bench erred in remitting the matter to the Labour Commissioner for determination of the nature of service.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the Division Bench of Allahabad High Court dated 09.09.2008 set aside
  • Orders of the Single Judge and Labour Commissioner restored