Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Service law

CH. JOSEPH versus THE TELANGANA STATE ROAD TRANSPORT CORPORATION & OTHER

The appellant was prematurely retired for colour blindness without any demonstrable, documented effort by the corporation to identify or assess suitable alternative non-driving employment as required by the binding Clause 14 of the 17.12.1979 Memorandum of Settlement and by the duty of reasonable accommodation; the 1986 MOS and internal circulars do not expressly supersede or abrogate Clause 14, and therefore the retirement order is void for failure to consider redeployment; accordingly the appellant must be appointed to a suitable post on the same pay grade and be granted specified arrears a…

Source excerpt

  • Retirement on medical grounds
  • Colour blindness
  • Alternate employment
  • Binding industrial settlement (mos)
  • Reasonable accommodation
  • Section 47 (pwd act)
Read case analysis
Industrial law

HARINAGAR SUGAR MILLS LTD. (BISCUIT DIVISION) & ANR. versus STATE OF MAHARASHTRA & ORS.

The 25.09.2019 communication by the Deputy Secretary was not a valid order under s.25-O because the Deputy Secretary was not shown to be the 'appropriate Government' or duly authorised by notification under s.39, and the Minister did not independently apply his mind or record reasons; consequently the appropriate Government failed to make and communicate an order within the statutory period and the deeming provision of s.25-O(3) operated, rendering the application of 28.08.2019 complete and permission for closure deemed granted on expiry of sixty days.

Source excerpt

  • Closure of business
  • Deemed closure under s.25-o(3)
  • Appropriate government
  • Sub-delegation of powers
  • Application of mind
  • Article 19(1)(g) - right to carry on business
Read case analysis
Labour law

THE MANAGEMENT OF WORTH TRUST versus THE SECRETARY, WORTH TRUST WORKERS UNION

Because the workers were employed in factories run by the trust and therefore fall within the Bonus Act and related labour statutes, and because the trust had severed its links with the Swedish Red Cross and engaged in commercial manufacturing generating surplus, the trust is not exempt under Section 32(v)(a) or 32(v)(c) of the Payment of Bonus Act; amounts paid as ex-gratia do not negate the statutory obligation to pay bonus, and the trust must pay bonus from 1996-97 onwards in accordance with the Act.

Source excerpt

  • Payment of bonus act applicability
  • Section 32 exemption for institutions
  • Definition of factory under factories act
  • Ex-gratia versus statutory bonus
  • Applicability of beneficial labour legislation to trust-run factories
Read case analysis
Labour and employment law

TAMIL NADU MEDICAL SERVICES CORPORATION LIMITED versus TAMIL NADU MEDICAL SERVICES CORPORATION EMPLOYEES WELFARE UNION & ANR.

The Corporation qualified as an industrial establishment under section 2(3)(e) of the 1981 Act by reference to the 1947 Act and the employees who had been in continuous service for 480 days in a period of 24 months were entitled to permanent status under section 3; the section 7 construction exemption did not remove the Corporation or these employees from the Act's purview because construction was only one of several activities and the employees in question were not engaged exclusively in construction; the High Court on remand should have enforced the Inspector of Labour's order granting perm…

Source excerpt

  • Regularisation/permanent status of workmen
  • Definition and scope of industrial establishment
  • Applicability of tamil nadu shops and establishments act, 1947
  • Exemption for construction work under s.7 of 1981 act
  • Scope of remand and finality of inspector of labour orders
Read case analysis
Industrial law

THEIR WORKMEN THROUGH THE JOINT SECRETARY (WELFARE), FOOD CORPORATION OF INDIA EXECUTIVE STAFF UNION. versus EMPLOYER IN RELATION TO THE MANAGEMENT OF THE FOOD CORPORATION OF INDIA & ANR.

The management of FCI, having voluntarily implemented the Tribunal Award and absorbed the workmen in regular service (by office orders and corrigendum) and having allowed the workmen to avail benefits for over two decades, is estopped from thereafter challenging the Award; accordingly the Division Bench’s modification quashing regularization was set aside and the Single Judge’s order and the Tribunal Award were restored (subject to specified observations).

Source excerpt

  • Reinstatement
  • Regularization
  • Acquiescence
  • Estoppel
  • Approbate and reprobate
  • Contempt
Read case analysis
Industrial law

OIL AND NATURAL GAS CORPORATION LTD. versus THE PRESIDENT, OIL FIELD EMPLOYEES ASSOCIATION & ORS.

The High Court and this Court upheld the Tribunal's factual finding that the 19 September 2016 Memorandum of Settlement was primarily between contractors and their workmen (with ONGC only consenting) and therefore did not bind the workmen represented by the respondent unions who had claimed to be in reality employees of ONGC; the jurisdictional objection was a mixed question of fact and law not properly raised before the tribunal and the Tribunal's factual conclusion that the settlement was not a fair and binding settlement was supported by evidence and not perverse; consequently the Tribunal…

Source excerpt

  • Jurisdiction of industrial tribunal
  • Binding effect of settlements under section 18(3)(d)
  • Status of contract labour
  • Fair wage policy (fwp)
  • Remittal to tribunal and implementation of awards
  • Writ jurisdiction
Read case analysis
Labour law

THE WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION versus RAVUTHAR DAWOOD NASEEM

The petitioners failed to establish wilful, deliberate disobedience of the court and tribunal orders; the Tribunal's direction to "regularise and departmentalise" was a general direction and did not mandate regularisation specifically under the Departmental Labour System (DLS); the respondent validly regularised eligible workers under the Direct Payment System (DPS) in accordance with the Corporation's extant policy, hence contempt proceedings could not be maintained and the contempt petitions were dismissed.

Source excerpt

  • Regularisation of contract labour
  • Departmentalisation
  • Direct payment system (dps)
  • Abolition of contract labour
  • Interpretation of industrial awards
  • Civil contempt standard
Read case analysis
Industrial law

ONGC EMPLOYEES MAZDOOR SABHA versus THE EXECUTIVE DIRECTOR BASIN MANAGER, OIL & NATURAL GAS CORPORATION (INDIA) LTD.

Because the employees (including 111 of the 577) collectively through their Union approached the Central Government and the Central Government referred the industrial dispute immediately on 21.12.2004 after the four-year term expired, the Corporation must treat the concerned workmen who have been regularized earlier as in regular employment from the date of reference (21.12.2004) and grant all actual benefits from that date until 01.04.2013; the other directions of the Single Judge remain intact.

Source excerpt

  • Regularisation of temporary employees
  • Industrial dispute reference
  • Retrospective relief and benefits
  • Appointment irregularity
Read case analysis
Labour law

OIL AND NATURAL GAS CORPORATION versus KRISHAN GOPAL & ORS.

The Court held that the two-judge Bench decision in PCLU, which construed clause 2(ii) of ONGC's Certified Standing Orders to confer an absolute right to regularisation on completion of 240 days in a calendar year, prima facie appears to be incorrect and did not notice relevant earlier precedent (Engineering Mazdoor Sangh); accordingly the principles in PCLU require reconsideration on (i) interpretation of clause 2(ii), (ii) the meaning and content of unfair labour practice under Section 2(ra) read with Item 10, and (iii) limitations on Labour/Industrial Courts to order regularisation absent…

Source excerpt

  • Regularisation
  • Unfair labour practice
  • Certified standing orders
  • Application of umadevi in industrial adjudication
  • Writ jurisdiction vs. id act reference
Read case analysis

About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.