Author: admin

ISSUE:

Whether the notification dated 9th December 1976 issued by the Central Government is valid and applies to all Central Government Companies?

Whether contract labourers automatically become regular employees upon the issuance of a valid notification under the CLRA Act?

RULE:

The appropriate Government is determined based on the nature of the establishment and whether it is under the control of the Central Government or State Government.

A contract that is found to be a sham or camouflage to hide the real employment relationship may allow the workers to claim employment with the principal employer, triggering an industrial dispute.

A notification may abolish or prohibit contract labour employment in an establishment based on specific factors such as the nature of work, whether it is of perennial nature, and whether regular workmen are employed for similar tasks but it does not automatically convert contract labourers into regular employees.

ISSUE:

Whether a dispute regarding the employment or non-employment of a person who is not classified as a "workman" under Section 2(s) of the Industrial Disputes Act, 1947, an industrial dispute under Section 2(k) of the Act?

Whether a dispute qualifies as an industrial dispute under the Act based on direct or substantial interest of the party raising the issue, and what separates a collective dispute from an individual argument in the context of industrial disputes?

RULE:

For a dispute to qualify as an industrial dispute under Section 2(k), the workmen involved must have a direct or substantial interest in the employment or conditions of labor of the individual concerned.

This criterion excludes individuals in positions like managerial or medical staff, whose employment status generally does not affect the workmen’s direct employment interests or conditions of labor.

ISSUE:

Whether the dismissal of a collective group of workers by the employer constitutes an industrial dispute within the purview of Section 2(k) of the Industrial Disputes Act

Whether the union, despite representing only a minority of employees within the establishment, possesses sufficient representative authority to validly raise the dispute on behalf of the dismissed workers

RULE:

A dispute qualifies as an industrial dispute if it involves employment conditions affecting a group of workers and may be raised by any union or group that sufficiently represents them, regardless of majority status within the establishment.