(Regd. No. R.N.

28500/75 of Registrar of Newspapers of India)

April, 2013

& R U O B LA RIAL LAW T S U R D E N T I R O P RE 2013

r laws u o b a l al on n r u o j usive l c x e an

Issue No.4

An exclusive journal reporting all judgments, reportable and non-reportable of Supreme Court of India and various High Courts under the Industrial Disputes Act, Minimum Wages Act, Workmens Compensation Act and Provident Fund Act etc. etc.

* MODE OF CITATION : 2013 LILR

Contents:
1- 4 193 - 256 Pages Pages Index Reports

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LABOUR & INDUSTRIAL LAW REPORTER

2013

NOMINAL INDEX
1. 2. 3. Allahabad Bank vs. A.C. Aggarwal (SUPREME COURT OF INDIA) M/s Atlas Cycle (Haryana) Ltd. vs. Kitab Singh (SUPREME COURT OF INDIA) The Chief Executive Officer, Pondicherry Khadi and Village Industries Board and another vs. K. Aroquia Radja & others (SUPREME COURT OF INDIA) Municipal Corporation of Greater Mumbai and another vs. Municipal Mazdoor Union (BOMBAY HIGH COURT) Rajkumar vs. Jalagaon Municipal Corporation (SUPREME COURT OF INDIA) --------------------------200 220

209 226 218

4. 5.

SUBJECT INDEX
Ex-gratia payment denial / refusal of petition filed to quash the circular issued by the petitioner-Corporation to the extent of denying ex-gratia payment to one class of employees on the ground of their participation in the strike the order of the Industrial Court directing the petitioner Corporation to make payment of Rs.11000/towards ex-gratia to the employees with 12% interest in challenge the regular and constant annual payment and basically around the festival season, though not part of so called service conditions, still remained to be a regular feature without any interruption or break, when both the parties through negotiations and/or after agreement, provided and/or accepted the particular amount annually, therefore, the employees of Petitioners have right to claim such amount the Petitioners themselves decided to provide and/or granted such festival ex-gratia amount, there was no occasion for the Union to agitate and/or re-agitate the issue, thus, there is no question to test the issue whether they have right and/or power and whether they can at any time take away such ex-gratia amount the circular is nothing but an administrative order/ action taken by the Petitioners Corporation and they cannot extend their case for the first time in the Court to treat the strike being illegal strike and/or deemed illegal strike and thereby concluded that the employees who participated in the strike, are not entitled for any ex-gratia amount the actions, of the Petitioners and their Officers are illegal, without due notice and contrary and misunderstanding of their own settlement terms and the circulars writ petition dismissed. (Municipal Corporation of Greater Mumbai and another vs. Municipal Mazdoor Union) BOMBAY HIGH COURT 226 Industrial Disputes Act, 1947 section 25-F retrenchment from employment without compliance of the provision of writ petition filed against the order of the Labour Court dismissing the Reference and the Claim Statement of the respondent the High Court set aside the Award of the Labour Court and directed the appellantCompany to reinstate the respondent in service with 25% back wages the appeal the question whether the complaint sent by the workman and the resignation tendered by him was voluntary or not have not been adverted to by the Labour Court. More so, there was contradictory findings by the Labour Court with regard to the claim of the workman that he was tortured by the Management and was made to write the resignation letter the Labour Court without considering the relevant facts merely accepted that
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2013

INDEX

the workman tendered the resignation in his own writing impugned order passed by the High Court not interfered appeal dismissed. (M/s Atlas Cycle (Haryana) Ltd. vs. Kitab Singh) SUPREME COURT OF INDIA 220 Irregular employment absorption in service whether the employees who are appointed on a co-terminus basis have any right to continue in service after the cessation of the engagement of the person with whose engagement their services were made co-terminus no the order of the High Court directing the implementation of the decision of the board to absorb the respondents in challenge the engagement of the respondents was clearly on a co-terminus basis and there was no assurance to them that they will be continuing in service after the tenure of the Chairman of the Board was over the respondents had not come into the service either through the Employment Exchange or through any procedure in which they were required to compete against other eligible candidates the proposal which was sent to the Governor for his approval was not sent through the normal routine of the concerned Administrative machinery, and through the Chief Secretary of Puducherry, thus, the factual position with respect to the irregular employment of the respondent could not be placed before the Governor absorption, regularization or permanent continuance of temporary, contractual, casual, daily-wage or ad hoc employees appointed/recruited and continued for long in public employment de hors the constitutional scheme of public employment is impermissible and violative of Article 14 and 16 of the Constitution of India impugned orders of the High Court set aside appeals allowed. (The Chief Executive Officer, Pondicherry Khadi and Village Industries Board and another vs. K. Aroquia Radja & others) SUPREME COURT OF INDIA 209 Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 provisions of applicability of unfair labour practices the provisions of the MRTU & PULP Act and/or such related laws are applicable to the local bodies like the Petitioners, though they cannot be treated like other private establishment and/or undertakings, yet their arbitrary, discriminatory, unreasonable, partiality and unfair actions can be decided under those provisions and basically within the concept of unfair labour practice. (Municipal Corporation of Greater Mumbai and another vs. Municipal Mazdoor Union) BOMBAY HIGH COURT 226 Payment of Gratuity Act, 1972 section 14 whether the respondent, who had sought voluntary retirement from service and was paid gratuity by the appellant under the 1972 Act along with Contributory Provident Fund is entitled to pension held yes section 14 of the 1972 Act contains a non-obstante clause in which every eligible employee is, notwithstanding anything inconsistent contained in any other enactment or instrument or contract is entitled to gratuity. Therefore, even if the respondent had opted for pension, he could have legitimately claimed gratuity without being required to refund the amount of pension already received by him appeal dismissed. (Allahabad Bank vs. A.C. Aggarwal) SUPREME COURT OF INDIA 200 Termination of service the order of the ld. Single Judge quashing the award passed by the Labour Court, Jalagaon holding that there had been gross and inordinate delay in approaching the Labour Commissioner and, therefore, the dispute could not have been referred to the Labour Court for adjudication in challenge the appellants were not posted on regular basis against sanctioned post and were only temporarily appointed on daily wages as and when work was available compensation awarded to the appellants appeals disposed. (Rajkumar vs. Jalagaon Municipal Corporation) SUPREME COURT OF INDIA 218 ----------------------The material in this file is for the usage of the end user/subscriber of this e-journal and not for any further circulation. These updates are sent to you as you are subscriber/end-user and for usage in your organisation and not for any resale/re-circulation. International Law Book Company, ILBCO INDIA, 1562, Church Road, Kashmere Gate, Delhi - 110006 (INDIA) Mob.: 9540551212; 9310551212, Ph.: 23869939; 23860348; 23867810; 23864769 E-mail : ilbco@ilbco.com

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ILBCOS UPDATES ON LABOUR LAWS

ILBCOs Updates on Labour Laws Annual
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2013

INDEX

ILBCOS UPDATES ON FOOD SAFETY LAWS

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ILBCOS UPDATES ON DRUGS LAWS

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(Regd. No. R.N. 28500/75 of Registrar of Newspapers of India)

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2013 Issue No.4

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