Industrial Disputes Act 1947

27th Sep, 2019

A housing society formed by and for individual flat owners, who in real terms own the property and who form themselves into a society so that services for maintenance and upkeep of the property, etc., could be availed of by them in a more systematic manner. Such society, in an ordinary case, can never be termed as an industry.

The Allahabad high Court in the matter of Arun Vihar Residents Welfare Association G.B. Nagar vs. State of UP (WP [C] 51047/2012), published on 16.09.2019, held that when personal services are rendered to members of […]
15th Jan, 2017

Daily-wager cannot ordinarily seek relief of reinstatement upon Illegal Termination

The Hon’ble Supreme Court held that ordinary principles of grant of reinstatement is not to be applied mechanically in all cases. It may be employed in cases where the services of the regular/permanent workman are […]
20th Nov, 2013

Medical Doctors are not workmen

Medical Doctors discharging functions of medical officersare not “workmen” within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947
8th Aug, 2013

Once violation of Section 33 of the Industrial Dispute Act stands established, tribunal need not examine the merits of dispute

What can be the fate of non-compliance of a mandatory condition prescribed in the statute was the question that arose before Supreme Court for consideration
16th Jul, 2013

Termination of service, if amounts to Retrenchment

Whether termination of services on the expiry of the contract period would amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, 1948