PART I : DISCIPLINE AND EMPLOYMENT
CHAPTER I : DISCIPLINE
Introduction 1
Rights and Duties of Employees under Common Law 3
Discipline : Responsibility of Employer 5
Factory, A Living organisation : Modern approach to discipline 6
Disciplinary action and Industrial Peace 7
Industrial Truce Resolution, 1948 8
Industrial Policy Resolution, 1956 9
Code of discipline in industry 14
Recognition of unions : general 17
CHAPTER II : MISCONDUCT AND STANDING ORDERS
Unwritten code of conduct and standing orders 45
Misconduct : meaning of 46
Kinds of misconduct 46
Classification of misconduct 47
Misconduct : Act subversive of Discipline : what is 47
Misconduct : scope; what amounts to 48
Misconduct : what is 49
Go-slow : if a misconduct 49
Misconduct : what is not 49
Misconduct and negligence 50
Negligence : when habitual 50
Negligence liable to result in serious consequences is misconduct 51
Dishonesty in connection with the business of the Undertakings 51
Workman's misbehaviour towards his superior while the latter
was performing duties imposed on him by his office : misconduct
justified dismissal 51
Misconduct outside employment : ordinary law of master and servant 51
Misconduct justifying dismissal : common law 56
Misconduct and punishment 58
Punishment and discretion of management 60
Moral turpitude and misconduct : punishment 60
Apology for misconduct must be unconditional 60
Standing Orders 61
Standing Orders : if have statutory force 62
The Industrial Employment (Standing Orders) Act, : Scope 62
Certification of Standing Orders : Effect 65
Appellate Authority under Standing Orders Act : Powers 66
Interpretation of Standing Orders 66
Standing Order and Misconduct 70
Standing Order providing for discharge simpliciter : exercise of power 70
Private Contract : Standing Orders override 71
Contract of service and Standing Orders when in conflict 72
Two sets of Standing Orders : whether permissible 74
Conditions of service for employees employed prior to enforcement
of Standing Orders : If distinction permissible 74
Civil suit-declaration that action against Standing Orders
void-if maintainable 75
Alternative relief in case of contravention of Standing Orders
by employer 76
CHAPTER III : EMPLOYMENT AND INDUSTRIAL LAWS
General 79
Master and Servant 80
Test to determine 80
Loan of servant 85
Principal and agent : master and servant 85
Services of special contract and general hiring 86
Breach of contract and wages 86
Contract of service and Contract for service : Distinction 86
Industrial Employment and Common Law Rights 87
Abandonment of employment 88
Employers 88
Definition 88
Analysis 89
Scope of the definition : 'employer' 90
Employer : meaning of 90
Employer and contractor 91
Right of the employer 91
Employer : restrictions : Article 19 of the Constitution 92
Effect of change of employer in a business concern 92
Transfer of management : Effect of 96
Employer : if bound to provide work 97
Workman 97
Definition 97
Analysis 99
Scope 100
Employed in industry : Essential condition 102
Clerical work : what is scope 103
Technical work : meaning-scope 103
Manual work : meaning : scope 103
Supervisory capacity : scope 104
Managerial or administrative capacity : scope 104
Workmen : supervision and control : nature of 107
Control, extent of : employer-employee relationship 109
Ownership of instrumentalities 110
Transport engineer, foreman, sales engineering representative, etc :
Blending supervisor, fuelling superintendent : whether workmen
or not : duties, a question of fact 112
Independent contractor engaging workman for work in
employers factory : such persons held workmen 115
Workman : who is 116
Workman : who is not 117
Canteen run by contractor : its employees : not workmen 118
Discharged or dismissed employee, if workman 119
Effect of the amendment in Section 2(s) of the Act by
Act No. 38 of 1956 119
Whether contractor's employees 'workmen' 119
Contractor or workmen 121
Bidi workers working through contractor : held, workmen 124
Tindal, if a workman 124
Medical officer, if a workman 125
Sirdars in mines, if workmen 125
'Teachers', not workmen 126
'Employed in any industry', malis employed in bungalows
of the officers : held, workmen 126
Transfer of a business and workmen 127
Workmen and industrial dispute 127
Industry 128
Definition 128
Analysis 129
'Industry' whether covered by entries 29 and 27 of List III to
Schedule 7, Constitution of India 136
Scope of 'Industry' 136
Industry : Test to determine 138
Undertaking : scope 138
'Profit motive and industry' 139
'Industry' : meaning and scope of : what the term includes
and excludes tests and guide lines for such inclusion
and exclusion 139
Sovereign functions or State activities if exempted from the
definition of industry 142
Charitable projects 143
State hospital, held, an industry 144
Activities of pinjrapole held on facts, constitute 'industry' 146
Clubs 148
Educational and research institutions, if 'industry' 148
Textile research institution, held, 'industry' 149
Co-operatives : if industry 152
Federation of Indian Chamber of Commerce held, an industry 152
Indian standards institution, a registered society run by
the Government is 'industry' 153
Company carrying on agricultural operations, held industry 155
'Industry' : test for determining if any department of a municipality
is 'industry' 155
Departments of municipality held to be 'industry' 156
Local bodies doing public utility service : 'Industry' 157
Vicarious responsibility of master for torts of servants 157
Liability of servants for tort 162
Master not liable : servant's unlawful act without authority 162
Principal and agent 163
Lay-off, retrenchment and closure 163
Lay-off 163
Retrenchment 165
Section if unconstitutional 165
Scope 166
Closure 167
Scope of the section 167
Constitutional validity of the section 168
Legislative References : Industrial Disputes Act, 1947 173
CHAPTER IV : THE INDUSTRIAL DISPUTES LEGISLATION AND ITS EFFECT ON COMMON LAW
History of Industrial Legislation in India 178
Present labour legislation 186
Statement of objects and reasons of Act No. XIV of 1947 186
Amending Acts to the Industrial Disputes Act, 1947 188
Act No. LIV of 1919 189
Act No. XLVIII of 1950 190
Act No. XL of 1951 191
Act No. XVIII of 1952 191
Act No. XLVIII of 1954 192
Act No. 36 of 1956 192
Act No. XLI of 1956 193
Act No. XXXVI of 1964 193
Act No. 35 of 1965 194
Act No. 32 of 1976 195
Act No. 46 of 1982 196
Act No. 49 of 1984 198
State enactments relating to industrial disputes 198
General 198
U.P. Industrial Disputes Act 199
Bombay Industrial Relations Act 199
Industrial Disputes Act in its application to various States 201
General 201
Article 254 of the Constitution : attraction of Clause 1 201
Constitution of India : Article 254 : Scope : implied repeal 202
Repugnancy : Scope 203
Industrial Disputes Act and Travancore-Cochin Industrial
Disputes Act 207
Industrial Disputes Act and Saurashtra Ordinance VI of 1948 208
Industrial Disputes Act and U.P. Industrial Disputes Act 208
Bombay Industrial Relations Act (II of 1947) as adapted in
Madhya Pradesh : Article 254 209
Special Enactments and Industrial Disputes 210
Welfare State 212
An incorporated company : if a citizen 212
An incorporated company and fundamental rights 213
Industrial Disputes Legislation : if effect 214
Industrial Disputes Act, 1947, if ultra vires : Articles 14 and 19
Constitution of India 217
Freedom of contract : restrictions under industrial laws : social justice 219
Successor in business : contract law and effect on service 222
PART II : ENQUIRY AND PUNISHMENT
CHAPTER V : DOMESTIC ENQUIRY
Enquiry : meaning and scope 225
Standing Orders and enquiry 225
Absence of Standing Orders 226
Preliminary enquiry : nature and scope 226
Preliminary enquiry and domestic enquiry : Difference 227
Enquiry into misconduct of servant : criminal trial 229
Judgment of criminal court : whether binding in departmental enquiry 230
Enquiry and Criminal Trial : whether alternative 230
Charge-sheet : Necessity of 230
Object of Charge-sheet 230
Contents of Charge-sheet 231
Charges : Frame of : mala fides 232
Precision and clarity of charges : what is 232
Effect of charge-sheet 232
Responsibility of person signing charge-sheet 232
Change in charge-sheet 233
Charge-sheet vague and indefinite : plea not definitely raised : effect 233
Explanation 233
Domestic enquiries limited to charge framed 233
Service of charge-sheet : mode 234
Charge vague and evidence not sufficient to connect the charged
officer with the alleged misconduct 234
Conditional Apology, if waiver of the right of enquiry 234
Domestic enquiry : principles 235
General 235
Natural justice 237
Notice served in the forenoon for enquiry in the afternoon 238
Previous notice : right to present case 239
Delegation of authority to record evidence by Enquiry Officer : bad 239
Recording of evidence 240
Written statement of a witness not examined : effect 241
Evidence : recording of : fair opportunity 241
Non disclosure of evidence against employee : effect 243
Evidence not recorded in conformity with the provisions of
Evidence Act 243
Summoning of evidence : witness not attending : inability to
record evidence : effect 244
Stage of examination of workman in domestic enquiry 245
Evidence Act : admissibility : leading questions 247
Pleadings : applicability 247
Appreciation of evidence : domestic enquiry 248
Evidence : nature and quantum 248
Finding of quasi-judicial authority : if could be relied in enquiry 249
Order of acquittal : failure to take into consideration 249
Findings of enquiry officer : failure to record : effect 250
Domestic enquiry ex-parte 251
Refusal to reopen the case after close of enquiry 251
Reopening of proceedings if possible when officer reinstated
without reasoned findings being recorded 251
Standing Orders : procedure : non-compliance 251
Order shall contain reasons 252
Absence of report by the enquiry officer 252
Enquiry : facts admitted or proved 252
Irregularities : Effect 253
Reference to bad past record in the order without bringing the fact to
the knowledge of workman in enquiry : Effect 253
Facts : admitted or proved 253
Finding on facts : when perverse 253
Disbelieving defence witnesses in violation of rule of natural justice
vitiates enquiry 255
Recommendations regarding punishment not essential
in enquiry report 255
Fair hearing : what it includes 255
Proper enquiry : what is 256
Proper enquiry : what is not 257
Second enquiry 257
Contempt of court : domestic enquiry : scope 258
CHAPTER VI : BIAS AND DOMESTIC ENQUIRY
Principles underlying bias 260
Statutory provision and bias 261
Principles of bias : if can be overruled by statute 262
Official 'bias' vis-a-vis statutory provision 262
Due process of law 263
Supreme Court's view 263
No one shall be Judge in his own cause : nemo debet esse judex
in propria causa 264
Pecuniary interest and prejudice 265
Officers as members of committee exercising quasi-judicial functions 267
Domestic Tribunal : enquiry and bias 268
Expression of opinion by superior officer : enquiry by his subordinate
bias : Effect 269
Enquiry officer : in position of witness 270
Presiding Officer as witness 271
Domestic enquiry conducted by a lawyer : bias 272
Personal involvement of manager : right to hold enquiry 273
Officer holding preliminary enquiry : not debarred to hold enquiry 273
Bias : what constitutes 274
Bias : vitiating orders 274
Bias : Test of : departmental enquiry where can be quashed 276
Bias : question of fact and hence cannot be decided under Article 226 276
CHAPTER VII : NATURAL JUSTICE
Natural justice : meaning and scope 277
Development of the principles of natural justice
in English jurisprudence 278
Principles : English and foreign decisions 282
Principles laid down by Court in India 290
Natural justice : question to be considered in the light of relevant Act 297
Applicability 299
Previous notice : right to present case 299
Natural justice : fair play in action 300
Enquiry : rules of natural justice 300
CHAPTER VIII : PUNISHMENTS
Punishment : scope 301
Punishment and discretion of management 304
Punishment : insubordination and indiscipline 305
Punishment : scope 305
Section 11-A : Industrial Disputes Act, 1947 : scope 306
Award of lesser punishment : justification 307
Adequacy of punishment : if fresh evidence can be adduced 308
Report of the enquiry officer not served on the delinquent workman
nor proper and adequate opportunity to show cause against
the punishment contemplated given : Standing Order, Order 26(e) :
show cause notice pasted on notice board : insufficient time to
show cause : principles of natural justice violated 309
Punishment recommended by enquiry officer should be communicated 309
Disciplinary authority's concurrence with the finding of the
enquiry officer regarding punishment : effect 310
Censure or Warning : scope 310
Censure : what is 310
Censure of warning : difference 310
Fine 311
Suspension : scope 312
Suspension : if a punishment 313
Suspension pending enquiry 314
Suspension, if a cloak to hide real intention held punishment 314
Wages during the period of suspension 314
Suspension pending permission under Section 33 315
Suspension : an industrial dispute 318
Discharge : dismissal : distinction 318
Dismissal 319
Dismissal, unjustified 319
Dismissal, justified 320
Dismissal with retrospective effect 322
Dismissal order based on cumulative effect of lapses : result if some
of the lapses are not found sustainable 322
Non-speaking order of removal arbitrary : cannot be upheld 323
Authority to pass final orders : failure to exercise : effect 323
Discharge 324
Discharge simpliciter, when amounts to punishment 324
Absence : termination of services 325
Discharge justified : not punishment 327
Probation : discharge 327
Discharge due to ill health and retrenchment : distinction 329
Break in service : condonation of 330
Unfair labour practice and victimisation 330
Unfair labour practice : introductory 331
Unfair labour practices : National Labour Commission 333
Victimisation and unfair labour practices : meaning of 333
Victimisation : scope : what amounts to 335
Victimisation : pleadings 337
Victimisation : power to tribunals : limitation 338
Victimization : finding of the court in adjudication : effect :
High Court or Supreme Court : interference : scope 340
Loss of confidence : discharge : scope 341
PART III : REMEDIES
CHAPTER IX : GENERAL
Introduction 351
Remedies and discretion of Government 353
'Industrial Disputes' 353
Legislative reference 353
Object and scope 355
Section prospective and not retrospective 355
Section if offends Act 14 of the Constitution 355
Likewise terminate the services 356
Section 2-A and Section 23 : scope of : strike 356
Terms and conditions of employment 357
Meaning of 357
Scope of 358
Conditions of labour 358
Meaning of 358
Scope of 359
Implied term of employment : mixed question of fact and law 359
Alteration in : what is 359
Subject matter of 'Industrial Disputes' 359
General 359
Necessity of direct and substantial interest of employer
or workmen 360
Scope of 361
Subjective discretion of Government 361
'Any person' : if includes all employees 361
Scheme of the Act 361
If should be 'workmen' 362
Scope 363
How a dispute can be raised 364
When a dispute can be raised 365
Individual dispute and collective dispute 365
Individual Dispute : when an industrial dispute 367
Strength of workmen necessary to constitute industrial dispute 368
Individual workman : measure and nature of support 369
Individual dispute : Cause sponsored by a stranger Union : effect 371
Several Departments : industrial dispute when to be backed
by the Department in which the worker is employed 371
Whether an individual dispute developed to an industrial dispute
has to be decided with the time of reference 371
Industrial dispute reference : workers sponsoring cause,
withdrawing support : effect 372
Industrial dispute and individual dispute : burden of proof 372
Loss to the employer due to illegal strikes : industrial dispute 372
Industrial Dispute : what is 373
Industrial Dispute : what is not 374
Interpretation of industrial laws : principles of 374
Liberal and beneficial construction 376
Liberal construction : social records 377
Mischief rule : statute to be read as a whole 380
Literal construction 380
Socio economic changes and interpretation 380
Contextual meaning : legislative intent should be gathered not
by reading any provision in isolation but by reading the entire statute 381
Context in which legislation passed : important when words
having more than one meaning 381
Anomaly : Court's interpretation to a provision leading to
anomalous situation 381
''Equity of the Statute'' Rule 382
Plain meaning must be given effect to decipher legislative intent 382
General or Special Statute Industrial Disputes Act, vis-a-vis
Life Insurance Corporation Act 383
Generalia specialibus non derogant 384
CHAPTER X : CONCILIATION
General 385
Compulsory conciliation under the statutory authority 386
Conciliation : Arbitration and Civil Law 387
Works Committee : scope and function 387
Decisions of Works Committee : how far binding 388
Dissolution of Works Committee : powers of Labour Commissioner
Industrial Disputes (Mysore) rules 390
Conciliation : legislative notes 391
Conciliation Officer : primary aim 391
Difference between Conciliation Officer and Board of Conciliation 392
Conciliation Officer : power 392
Obligation, if any, to initiate conciliation proceedings 393
Conciliation and reference 393
Nature of order : if administrative : writ, if could be issued 394
Duty of Government and Conciliation Proceedings 394
Conciliation Proceedings and Reference under Section 10 396
Conciliations Proceedings and Procedure 396
Conciliation Officer : not a Tribunal : no appeal to Supreme Court 397
Grievance settlement authorities 398
Scope 398
Section 9-C, Industrial Disputes Act, 1947 398
CHAPTER XI : ADJUDICATION AND ARBITRATION
General 402
Introductory 402
Definition of the Term 'Arbitration' 402
Legislative Notes 403
Analysis 406
Reference of Industrial Disputes 410
Reference : conciliation proceedings, if necessary 410
Adequate remedy under separate Act and Scheme :
reference improper 411
Reference : company under liquidation : Section 466 of the
Companies Act : Effect 411
Reference : when complete 411
Requisites of valid notifications 411
Employer and reference 413
Reference and 'Appropriate Government' 414
Reference : Standing Orders 415
Order under Section : administrative 416
Discretion of the Government to make reference :
public utility service 416
Discretion of the Government to make reference in respect of
non public utility service 417
Jurisdiction of the Government to make reference 419
Expediency and reference 419
Merits of dispute : duty of Government 420
Power of reference : scope : prima facie case on merits : scope 420
Employer's action how far could be scrutinised at the
time of reference 422
Administrative Act : whether writ can issue 422
Reference : when can be challenged by writ 422
Refusal to refer : scope 423
Refusal to refer : issue of writ 425
Refusal to refer : other situations 426
Refusal to refer unjustified 426
Reference : refusal : subsequent reference : effect : res judicata 427
Reference : refused : subsequent reference : notice to employer,
if necessary 428
Fresh reference after the first reference rejected in
default of workman 429
Reference : Union 429
Reference and management 429
'At any time' : no time limit for reconsidering earlier order 431
Demand : form of : scope of reference 432
Demand on the employers : nature and scope 433
Demand on the management : necessity 433
Jurisdiction of the Government to make reference 433
Reference : when can be challenged by writ 434
Common reference for a number of Factories : if and
when justified 436
Reference barred : if dispute settled 437
Prior settlement : subsequent reference : pleas of discrimination
: Reference 438
Second reference : when illegal 439
Settlement with a Union in conciliation proceeding :
other Unions objecting : reference valid 439
Reference of dispute : limitation 441
Violation of Section 33, Industrial Disputes Act, 1947
and reference 442
Matter in adjudication : Section 10(6)(a) : scope 442
Reference and subject matter of Industrial Dispute 443
Reference and parties to a dispute 443
Reference and pleading 444
Power of Government to cancel, etc., reference 444
Cancellation or withdrawal of reference 445
Withdrawal however is not cancellation 446
Power of Government to amend 446
Amendment or modification of a reference-power
of the Government 447
Reference : terms, if can be widened 448
Reference : correction : Government cannot widen the scope 448
Closure and reference 448
Closure : pending reference : effect 449
Matter of closure compensation can be referred 449
Tribunals : Power and Jurisdiction 449
Tribunal, if a court 449
Functions of Tribunals : quasi judicial 450
Functions of Tribunal, analogous to judicial one 451
General pattern of Tribunal is of a civil court 451
Powers of Tribunal : limitation 452
Scope of Tribunals 452
Reference and jurisdiction of Tribunal 454
Nature and scope of the power and functions of Tribunal
in scan reference 455
Reference and scope of enquiry 455
Scope of adjudication : matter incidental to 458
Adjudication : powers 459
Jurisdiction : exercise of 462
Jurisdiction of industrial tribunal when no enquiry held
before termination of service 463
Interference in punishment 464
Jurisdiction of tribunal to decide if domestic enquiry fair 464
Perverse finding : what is 465
Applicability of Promissory Estoppel in making reference under 466
Reference by Government : reference containing both phrases
: 'Industrial Disputes Exists' and 'Industrial Dispute is apprehended' :
Application of mind : reference not invalid 466
Acquiescence or Estoppel 466
Doctrine of Merger 467
Question of jurisdiction to be raised before the Tribunal 467
Jurisdiction : consent and acquiescence : effect of 467
Jurisdiction : wrong assumption by Tribunal : remedy 468
Jurisdiction to decide an issue : wrong decision : remedy by writ,
if available 468
Jurisdiction dependent on collateral fact : wrong decision :
remedy by writ 468
Power of civil courts and High Court over the Tribunals 469
Writ of prohibition : stage for motion 471
Jurisdiction depending on facts : writ 471
Wrong decision : if writ can issue 472
Writ of certiorari : condition and stage for motion 472
Commercial and industrial arbitration : distinction 475
Reference to arbitration : interpretation of reference 476
Arbitrator : whether a statutory arbitrator : writ if could issue 477
Arbitrator's award : how far amendable to writ 478
Appeal by special leave against award by the arbitrator 481
Award of arbitrator whether speaking order 481
Powers of arbitrator : scope 485
Social justice 486
Organisation of labour 487
Social justice : rule of law 488
Social justice : meaning and scope 489
Social justice : principles : interest of all concerned to
be kept in view 490
Social and economic justice 490
Social and ethical considerations : national economy 491
The development and growth of industrial law 491
Freedom of contract : restrictions under industrial law 492
Social justice : disciplinary action 493
Social legislation : interpretation 493
Beneficial construction 494
Remedical and beneficial legislation 495
Procedure 496
General 496
Tribunals and procedure 498
Evidence Act : applicability 498
Evidence 499
Tribunal if can rely on evidence not produced by the parties 499
Inspection of documents 501
No roving investigation 502
Procedure and production of documents 502
Privilege 503
Notice of proceedings 503
Consolidation of proceedings 503
Parties 503
Amendments 504
Omission of issues 504
Assessor 504
Relief to be granted : nature of 504
Tribunal's finding for lesser punishment but dismissal order maintained
: award bad 505
Order mala fide : court to determine 505
Right of the Tribunal to alter, modify or interpret the award 505
Contempt of Court : domestic enquiry : scope 506
Res judicata : industrial adjudication 508
Costs : scope and power of Tribunals, etc. 508
Interim relief 511
Award : scope of 511
Extension of time for passing the award 511
Award : what is not 512
Award : what is 512
Determination : what is 512
'Determination' distinguished from 'Termination' and 'Withdrawal' 513
Award : in terms of compromise 513
Interpretation of the award 515
Right of the Tribunal to alter, modify or interpret the award 515
CHAPTER XII : REPRESENTATION OF PARTIES IN PROCEEDINGS
Introduction 517
Who can represent 517
Parties right to appear 518
Representation of a party : what is 518
Agent of employer : if can represent 518
Unions right to represent : scope 519
Representation : by workmen : limitations 519
Workmen or employer : right to represent 519
Individual workman : separate representation 519
Dispute : sub-section 36(4) 520
Letter of authority, if enough for the purposes of representation 521
Effect of representation by union not registered 521
Provision of Section 36(1)(c) : scope : registered and unregistered
trade unions 521
Bar for legal practitioners to appear, if ultra vires the Constitution
of India, Articles 14 and 19 522
Legal practitioner being an officer of a union or association or a
director or officer of a company, if can represent 524
Representatives, if have right to compromise 525
CHAPTER XIII : CHANGE IN CONDITIONS OF SERVICE PENDENCY OF PROCEEDINGS REMEDIES
Introduction 528
Legislative reference 529
Scope and legislative development of Section 33 531
Dismissal, etc., of an individual workman to be deemed to be an
industrial dispute 533
Enquiry and scope 533
Discharge simpliciter : if covered by the Section 535
Section 33(2)(b) : scope 537
Section 33(2)(b) : provision mandatory 538
'Protected workman' who is : question of fact 538
'Protected workmen' : nature of protection under 538
Protected workmen : permission not necessary after termination
of proceedings 539
Pendency ceasing to exist : application for approval under
Section 33(2)(b), in infructuous 540
Decision of application under Section 33 :
limitation 'Authority concerned' 541
Discharge pursuant to notice issued before pendency :
permission, if necessary 541
Permission on letter of resignation : refusal unjustified 542
'Discharge' under section does not include 'discharge on closure' 542
Prima facie case : what is 542
Prima facie case : Permission to be given 542
Contravention of section : what is 544
Contravention of Section 33 : retrenchment 544
Pendency of proceedings 544
Reference : Amendment of : pendency of proceedings 544
Order of employer passed and intimated before pendency,
but executed during pendency, effect of 544
Order passed before reference but despatched after reference,
if contravenes Section 33 545
Pendency : knowledge of 545
Pendency before a High Court 545
Pendency : proceedings under Section 36-A 546
Criminal trial and domestic enquiry 546
Order of discharge and its communication 546
Application under section : change in Tribunal 546
Matter connected with the dispute 546
Individual dispute developing into a collective dispute and
workmen concerned 547
Different departments : workmen concerned 547
Claim for bonus : all workmen concerned 547
'Workmen concerned' dependent on nature of dispute 547
Parties in the order of reference and workmen concerned 549
Workmen concerned : liberal interpretation 550
Employee subsequently employed : if workman concerned 551
Workman concerned : burden of proof 551
Workman concerned : a question of fact to be decided in each case 551
Probationer or temporary workman 551
Application and scope of Sections 33 and 33-A in matters of 552
Retrenchment 552
Suspension 552
Transfer 554
Lock-out 556
New work-load 557
Transfer of an undertaking 558
Interim relief 558
Employer : Sections 33 and 33-A 558
Change of management : effect of 558
Who can apply : Section 33 559
Approval for dismissal order : date of filling approval application 559
Application not limited to individual workman 559
Nature of proceeding : judicial 560
Notice to opposite party : to individual workman, necessary :
notice to Union, if sufficient 560
Temporary workmen : permission, if necessary 560
Discharge of temporary workmen : permission, if could be refused 561
Application under Section : duty of Tribunal 562
Jurisdiction of Tribunal 564
Conditional permission 566
Application under Section specifying proposed punishment :
whether bad 566
Right to justify order before Tribunal passed by the employer 566
Right of employer to adduce evidence before Industrial Tribunal
manner and the stage at which request should be made 567
Opportunity to lead evidence : scope : stage 568
Application for permission for dismissal of an employee for his
insulting behaviour towards customers of the company 569
Distinction under Sections 33(1) and (2) 569
Proviso to Section 33(2), if applied to establishment having
Standing Order 569
Payment of one month's wages 570
Date of payment of one month wage when payment made by
money order 570
Delay 570
Application for approval : pay 570
Permission to dismiss : refusal not proper 570
Effect of approval 572
Effect of employer withdrawing his application under the section
equivalent to not filing an application 572
Permission to discharge : refusal justified 572
Order : nature of 573
Judgment in criminal case : admissibility and relevancy 574
Proceedings in criminal court and permission under section 574
Refusal to answer to queries of manager : act subversive of discipline 574
Complaint under Section 33-A : who can apply 575
Proceeding under Section 36-A : application under Section 33-A :
if would lie 575
Discharge simpliciter 576
Interim relief 576
Scope and relief under Section 33-A 576
Complaint to be decided on merits 578
Procedure under section 578
Scope of enquiry : determination of dispute 579
Complaint under Section must be connected with the dispute 579
Findings under Section 33 : relevancy under Section 33-A 580
CHAPTER XIV : SUIT OR APPEAL
Jurisdiction of Civil Court : Industrial Dispute 582
Finality of the award and the jurisdiction of the civil Court 584
Jurisdiction of Civil Courts to entertain labour dispute :
Principles applicable to : jurisdiction to make an order or
decree for injunction to prevent threatened injury or breach
of the right : Industrial Disputes Act, 1947, Sections 10 and 2(k)
Civil Procedure Code, 1908, Section 9 584
Civil Courts, if have powers to grant reinstatement 585
Jurisdiction when not barred 586
Suit for declaration that person continues in service and suit for
damages : difference 587
Appeal from awards of the Tribunal to Supreme Court : Article 136
of the Constitution 587
Tribunal : meaning of 587
Scope 588
Discretion : principles for the exercise of 589
Determination and order : Article 136 : meaning and scope 591
High Court refusing to exercise its inherent jurisdiction : appeal to
Supreme Court : scope of power of Supreme Court under the Article 592
Consideration of evidence and facts 592
Parties to appeal 592
Jurisdiction of Supreme Court vis-a-vis awards of Tribunals 593
Jurisdiction : scope of the plea : want of jurisdiction cannot be
raised for the first time in Supreme Court 595
Tribunal's finding that an employee is or is not a workman :
Supreme Court will not interfere 595
Points not taken in original Industrial Court or even in the leave
petition cannot be raised thereafter 595
Finding of fact 596
Appeal to Supreme Court and writ to High Court 596
CHAPTER XV : WRITS
Writs : Articles 32 and 226 598
Powers of High Courts 600
Two interpretations possible : High Court not to interfere in writs 600
Powers of Supreme Court and High Courts 601
Distinction 601
Jurisdiction : Exercise of 601
Territorial jurisdiction 602
Writ and Administrative Order 604
Alternative remedy no bar to writ where fundamental
rights are concerned 606
Writ and alternative remedy 607
Right to relief under Article 226 609
Adequate alternative remedy : no writ 609
Writ when other remedy availed or proceedings pending 610
Erroneous decision no ground for writ 611
Jurisdiction to issue writ of certiorari : existence of person or authority 612
Want of jurisdiction and wrong decision on facts
collateral to jurisdiction 612
Writ against local bodies or corporations 613
Writ by State Government against Central Government 613
Res judicata : application in writ proceedings 614
Waiver : plea to be specifically raised 615
Delay, laches and acquiescence 615
Laches : scope 616
Laches or delay : principles 617
Discretionary power of Supreme Court : rule against laches one of
practice and not of law 617
Laches 617
Mere filing of applications not enough 617
Principles for issue of : writ of certiorari 618
Nature of certiorari 622
Writ of mandamus 622
Nature of mandamus 622
Writ of prohibition 624
Nature of prohibition 625
Aggrieved person 626
Article 227 627
Administrative and judicial function 628
Tribunal's right to decide the question of jurisdiction : writ 629
Writ issued to decide jurisdictional issue as preliminary issue 630
Wrong exercise of jurisdiction : writ issued 631
Arbitration and ward and writ 631
Parties to the writ of mandamus 633
Parties : writ : workmen not members of any registered Union 634
Writ of mandamus sought by workmen for referring a dispute
employer not a necessary party 634
Secretary of an association : if could move writ for its
individual member 634
Writ filed by registered Trade Union if maintainable 635
Public interest litigation : writ 635
APPENDICES
Industrial Disputes Act, 1947 651
Rules-(1) Industrial Tribunal Procedure Rules, 1949 773
(2) Industrial Tribunal (Central Procedure) Rules, 1954 774
(3) Industrial Disputes (Central) Rules, 1957 775
Industrial Disputes (Banking and Insurance Companies) Act, 1949 822
Industrial Disputes (Banking Companies) Decision Act, 1955 824
Industrial Employment (Standing Orders) Act, 1946 831
Industrial Employment (Standing Orders)
(Bombay Amendment) Act,1957 848
Industrial Employment (Standing Orders) Central Rules, 1946 848
SUBJECT INDEX 873
Home > LAWYERS > Labour and Industrial Laws > Employee Compensation, Disciplinary Action and State Insurance > 2nd Edition, 1988 (POD)
10
![The Practical Lawyer - PLW [Annual Subscription]](https://s3.amazonaws.com/ebcwebstore/images/the-practical-lawyer-magazine-annual-subscription.png)
